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Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_10 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SESSION 

1995 












This publication is printed on permanent, acid -free paper in compliance with the 
General Statutes of North Carolina. 

550 copies of this public document were printed at a cost of $24.85 per copy. 
Office of the Senate Principal Clerk [G.S. 120-27] 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
SESSION 1995 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President/Vo Tempore Manteo 

R. C. SOLES, JR., Deputy President Pino Tempore Tabor City 

SYLVIAM. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

CECIL GOINS, Sergeant-at-Arms Raleigh 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARCBASNIGHT Manteo 

2 FRANK W BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 PATRICK J. BALLANTINE Wilmington 

5 CHARLES W ALBERTSON Beulaville 

6 R.L. MARTIN Bethel 

7 LUTHER HENRY JORDAN, JR Wilmington 

8 JOHN KERR Goldsboro 

9 ED N.WARREN Greenville 

10 ROY A COOPER III RockyMount 

11 JAMES D. SPEED Louisburg 

12 DON W EAST Pilot Mountain 

VIRGINIAFOXX Banner Elk 

13 WILBUR P. GULLEY Durham 

JEANNE H. LUCAS Durham 

14 HENRYE.McKOY Raleigh 

J. K SHERRON, JR Raleigh 

15 * DANIELE.PAGE Coats 

16 FREDM. HOBBS Southern Pines 

TEENA S. LITTLE Southern Pines 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R.C. SOLES, JR Tabor City 

19 ROBERT G.SHAW Greensboro 

20 HAMILTON C. HORTON Winston-Salem 

JAMES MARKMcDANIEL Pfafftown 

21 HUGH WEBSTER Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAULS. SMITH Salisbury 

24 ANTHONY E. RAND Fayetteville 

25 DAVID HOYLE Dallas 

26 AUSTIN M.ALLRAN Hickory 

27 DONALD R. KDSfCAID Lenoir 

DAN R. SIMPSON Morganton 

28 R L CLARK Asheville 

JESSE I. LEDBETTER Asheville 

29 CLARKPLEXICO Hendersonville 

30 DAVID R. PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 THOMAS B. SAWYER, SR Greensboro 

33 CHARLIE SMITH DANNELLY Charlotte 

34 T.L.ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

36 JOHNH. CARRINGTON Raleigh 

37 DENNIS DAVIS Lattimore 

38 BETSY L. COCHRANE Advance 

39 JAMES FORRESTER Stanley 

40 LESLIE WINNER Charlotte 

41 C.R. EDWARDS Fayetteville 

42 ROBERT C. CARPENTER Franklin 

(See Appendix for Senatorial Districts) 
^Elected March 28, 1995 






SENATE JOURNAL 

SESSION 1995 

FIRST DAY 

Senate Chamber, 
Wednesday, January 25, 1995. 

In accordance with law, as set forth in the Constitution of the State of North 
Carolina and G.S. 120-11.1, the Senate of the General Assembly of North Carolina 
assembles this day, at the hour of 12:00 Noon, in the Senate Chamber of the 
Legislative Building in the City of Raleigh. 

The Honorable Dennis A. Wicker, Lieutenant Governor, calls the Senate to 
order. 

The President extends courtesies of the floor to the spouses of the Senators- 
elect and to the individuals invited by a Senator-elect and requests that they be 
seated beside their spouse or host. 

The Chair recognizes the Sergeant-at-Arms of the 1993 Session of the General 
Assembly who announces the arrival of members of the Supreme Court of North 
Carolina, the North Carolina Court of Appeals, and the Superior Court of the 
General Court of Justice of North Carolina, at the doors of the Senate and await 
his direction. The President directs the Sergeant-at-Arms to open the doors of 
the Senate and escort the members of the Judiciary present to their seats. 

PRESENTATION OF THE COLORS 

The Chair recognizes the Sergeant-at-Arms of the 1993 Session of the General 
Assembly who announces the members of The University of North Carolina Clef 
Hangers are at the door and await his direction. The President directs the 
Sergeant-at-Arms to open the doors of the Senate and escort the members of The 
University of North Carolina Clef Hangers to the Well of the Senate. 
(See Appendix) 

The Chair orders the Sergeant-at-Arms of the 1993 Session to open the doors 
of the Chamber for the presentation of the Colors by the Color Guard Unit of the 
Naval Junior Reserve Officer Training Corps, Havelock High School, Havelock, 
North Carolina. (See Appendix) 

The Chair recognizes The University of North Carolina Clef Hangers who lead 
the singing of the National Anthem. 

The Chair dismisses the Color Guard and The University of North Carolina Clef 
Hangers who recess from the Senate Chamber. 



January 25, 1995 



6 SENATE JOURNAL [Session 

PLEDGE OF ALLEGIANCE 

Led by the Lieutenant Governor, the Senators-elect, distinguished guests, and all 
of those present remain standing and pledge allegiance to the United States of 
America. 

The President of the Senate introduces the Reverend Mike Morris, serving as 
Senate Chaplain for the 1995 Session of the General Assembly, who offers prayer 
as follows: 

"Almighty God, our Heavenly Father, when Lieutenant Governor Wicker gav- 
elled and called us to order in this Senate Chamber, he also birthed a new family; 
the Senate's family made up of members and staff. 

"As in any family, the members' unique gifts and perspectives are as varied as 
the personalities You have given them, as the vocations from which they come, as 
the people whom they represent. 

"As family, even in their differentness, they are bound together by a mutual 
respect and a common goal, that is to determine what is best for the people of our 
State. We can ask no more of these men and women than that. 

"From You, O Lord, we pray that You will bless this new family; You know 
them, their needs, their motives, their hopes and their fears. Put Your Arm 
around them to give them strength and speak to them to give them wisdom greater 
than their own. 

"Remind us always that You are concerned about what is said and done here. 
Let them hear Your Voice as they seek Your Guidance; this new family called the 
Senate of North Carolina. 

"In Your Most Holy Name, we pray, Amen." 

CALL OF THE ROLL 

The Chair directs the Reading Clerk of the 1993 Session to call the roll by 
Senatorial District and the following Senators-elect appear with the proper certifi- 
cates of election received from the Secretary of State, The Honorable Rufus 
Edmisten: 

I, RUFUS L. EDMISTEN, Secretary of State of the State of North Carolina, do 
hereby certify that the State Board of Elections met Tuesday, the 29th day of 
November, A.D., 1994, in accordance with Chapter 163 of the General Statutes of 
North Carolina, at which time the Board did open, canvass and judicially deter- 
mine the returns of votes cast in the election held on Tuesday, November 8th, 
1994, and certified to me the persons duly elected as members of the Senate from 
the various Senate Districts comprising more than one county, and all others have 
been certified to me in the abstracts by the State Board of Elections as having the 
highest number of votes cast in the election for the Senate from districts composed 
of one county only, for the General Assembly of 1995, to wit: 

First District Marc Basnight 

Second District Frank W Ballance, Jr. 

Third District Beverly M. Perdue 

Fourth District Patrick J. Ballantine 



January 25, 1995 



1995] 



SENATE JOURNAL 



Fifth District 
Sixth District 
Seventh District 
Eighth District 
Ninth District 
Tenth District 
Eleventh District 
TWelfth District 

Thirteenth District 

Fourteenth District 

Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

TWenty-first District 
TWenty-second District 
TWenty-third District 
Twenty-fourth District 
TWenty-fifth District 
TWenty-sixth District 
TWenty-seventh District 

TWenty-eighth District 

TWenty-ninth District 
Thirtieth District 
Thirty-first District 
Thirty-second District 
Thirty-third District 
Thirty-fourth District 
Thirty-fifth District 






Charles W. (Charlie) Albertson 
R. L. (Bob) Martin 
Luther H. Jordan, Jr. 
John Ken- 
Edward N. Warren 
Roy Cooper, III 
James D. Speed 

Don W. East 
Virginia Foxx 

Wib Gulley 
Jeanne H. Lucas 

J. K. Sherron 
Henry McKoy 

Fred M. Hobbs 
Teena S. Little 

J. Richard Conder 
Aaron W. Plyler 

R. C. Soles, Jr. 

Robert G. (Bob) Shaw 

Hamilton C. Horton, Jr. 
Mark McDaniel 

Hugh Webster 

Fletcher L. Hartsell, Jr. 

Paul S. Smith 

Anthony E. (Tony) Rand 

David W. Hoyle 

Austin M. Allran 

Donald R. Kincaid 
Dan R. Simpson 

R L Clark 
Jesse Ledbetter 

Clark Plexico 

David R. Parnell 

William N. (Bill) Martin 

Thomas B. (Tom) Sawyer 

Charlie Dannelly 

T. L. (Fountain) Odom 

John G. (Jerry) Blackmon 



January 25, 1995 



8 SENATE JOURNAL [Session 

Thirty-sixth District John H. Carrington 

Thirty-seventh District Dennis Davis 

Thirty-eighth District Betsy L. Cochrane 

Thirty-ninth District James (Jim) Forrester 

Fortieth District Leslie Winner 

Forty-first District Chancy R. (C.R.) Edwards 

Forty-second District Robert C. (Bob) Carpenter 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 
seal. 

DONE IN OFFICE at Raleigh, this 30th day of December, 1994. 

S/Rufus L. Edmisten 
(SEAL) Secretary of State 

The President of the Senate recognizes The Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court of North Carolina, who administers the 
following oath of office, to which those present respond and subscribe: 

"I do solemnly swear or affirm that I will support the Constitution and laws of 
the United States; and do solemnly and sincerely swear or affirm that I will be 
faithful and bear true allegiance to the State of North Carolina, and to the 
Constitutional powers and authorities which are or may be established for the 
government thereof; and that I will endeavor to support, maintain, and defend the 
Constitution and laws of said State, not inconsistent with the Constitution of the 
United States, to the best of my knowledge and ability; and I do solemnly and 
sincerely swear or affirm that I will faithfully discharge the duties of my office as 
a member of the Senate of the 1995 General Assembly of the State of North 
Carolina to the best of my knowledge and ability, so help me, God." 

With forty-nine Senators responding to the call of the roll, the President 
declares a quorum of the Senate present and qualified. 

REMARKS BY THE LIEUTENANT GOVERNOR 

"Congratulations to each and every one of you. And thank you very much, 
Chief Justice Mitchell, to you and all the members of the Judiciary, for participat- 
ing in our opening ceremonies, and you certainly lend dignity and honor to this 
occasion. And now, forty-nine Senators having answered the call of the roll and 
having taken the oath of office, I declare a quorum present and qualified. 

"Members of the Senate, I'd like just to take a brief few moments to make some 
remarks to you on opening day. First, I want to welcome all of you here to 
Raleigh on this very special day. Having the privilege to serve our State is a high 
honor, and I congratulate all of you for your willingness to accept this important 
responsibility. You and I have an obligation to the citizens of this State, and it's 
to build a better North Carolina by investing in its most precious resource — our 
people. 



January 25, 1995 



1995] SENATE JOURNAL 9 

"Members of the Senate, I believe by empowering people we can restore the 
faith that our citizens have and give them a voice in where we are going and a 
responsibility to help us get there. To paraphrase President Kennedy, we must ask 
not what North Carolina can do for us, but ask what we can do for North 
Carolina. It is our obligation with the people. We will empower them, and if we 
do this, I am convinced that they will take the empowerment and build upon it to 
be more productive and responsible as citizens. This is what the people want. 
This is what government has an obligation to do. This is what my Office has been 
focusing on. 

"When the North Carolina State Board of Community Colleges elected me as 
Chairman, I outlined as our number one goal in this State of enhancing the job 
opportunities for our people. Why is this important? Because we live in a State, 
Members of the Senate, and I'm like Ross Perot on this — I want you to listen up 
on this one — we live in a State where one-third, one-third of our population is 
functionally illiterate. If we teach these people literacy skills, if we teach them job 
skills, they will find meaningful employment. We also live in a State where nearly 
two-thirds of our high school students today will not be attending a traditional 
four-year institution of higher learning; two-thirds. We must give them the 
foundation to go out and get a good job and continue their education and enhance 
their skills as the marketplace changes. 

"So I say to you, Members of the Senate, please keep in mind when you debate 
welfare reform, we already have one of the very best anti-welfare infrastructure 
pieces in place, our Community College System. And as you know, our 
Community College System has a new leader in Dr. Vic Hackley, and I share his 
vision — that we provide a seamless education for our students in preparing them 
for their ever-changing global market. A market which places a high premium on 
skills resulting in productivity. And as Chairman of that Board and sitting as a 
member of the State Board of Education, I'm going to work hard with you to 
make that vision a reality by using such concepts as tech prep and school-to-work 
programs. 

"Empowering small businesses has been another focus of my Office. More than 
ninety percent of all businesses in this State are small businesses. It's not the large 
businesses, it's the small businesses. Small businesses have been the largest job 
creators in the past and they're going to be the projected largest job creators in 
the future. And thanks to the past General Assembly, we are now empowering 
small businesses to be able to control their own health care costs through small 
business health care alliances. We are well on our way to providing small busi- 
nesses with bargaining power to buy health care coverage that they've never had. 

"Members of the Senate, let me give you another example of how small 
businesses are eager to help. I Chair the Small Business Council, and we've just 
finished drafting a new guide book containing an easy-to-follow recipe on how to 
do business with the State. And I want you to know that my Office has received 
hundreds of calls. In fact, in one day my Office received over 150 calls from small 
business owners who are interested in obtaining this new guide book. A common 
sense solution to an identified problem, that's what our people want from 
government. 

"And as you know, my Office has also been working hard on measures that 
prevent the tragedy of drunken driving. Thanks to the past General Assembly, the 
.08 law has reduced drunk driving deaths and injuries to the lowest level ever. 



January 25, 1995 



10 SENATE JOURNAL [Session 

And we must do more. I Chaired the Governor's Task Force on the Driving While 
Impaired, serving with Senator Odom and Senator Forrester, and by continuing to 
be pro-active, the package of recommendations by this Task Force will do even 
more to stop drunk driving and help prevent repeat offenders — repeat offenders 
from getting behind the wheel in this State. 

"And finally, I'll be working very closely with the Governor to cut taxes. I very 
deeply believe, deeply believe that we must provide relief to our working families. 
It's working families who pay the most cost of government, and they're the ones 
who deserve the relief. 

"Members of the Senate, as your presiding officer, I pledge to you my 
commitment to working with you. My role is best served as being a facilitator for 
your agenda. And every presiding officer has his or her own leadership style. I 
hope I have a reputation for being fair-minded and even-handed. But I'll tell you 
what I told those in orientation, I expect order, and I believe that we have an 
obligation to conduct ourselves with dignity while the Senate is in session. 
Remember that the eyes of the public are upon you, and we must lead by example. 
We are here to help our people and empower them the opportunities that will help 
them reach their full potential. I believe that this is the true function of govern- 
ment, empowering our people promotes and enriches our most precious resource, 
and this is a legacy that I believe that we should leave behind so that generations 
to follow us will inherit a better quality of life in this State. And I look forward 
to working with you as your Lieutenant Governor in pursuit of that legacy. Thank 
you very much." 

The Senate responds with a standing ovation. 

The President directs the Reading Clerk to read, as follows: 



CERTIFICATION FROM SECRETARY OF STATE 

I, RUFUS L. EDMISTEN, Secretary of State of the State of North Carolina, do 
hereby certify that the State Board of Elections has forwarded to me, a copy of an 
Order, in accordance with Chapter 163-191 of the General Statutes of North 
Carolina, that ordered a special election for State Senate District 15 to be 
conducted by the county boards of election in Lee, Harnett, Johnston and 
Sampson on March 28, 1995. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 
seal. 

DONE IN OFFICE at Raleigh, this 23rd day of January, 1995 

S/Rufus L. Edmisten 
(SEAL) Secretary of State 



January 25, 1995 



1995] SENATE JOURNAL 11 

The Order of the State Board of Elections attached reads as follows: 

BEFORE THE NORTH CAROLINA 
STATE BOARD OF ELECTIONS 

IN RE: 

N.C. STATE SENATE DISTRICT 15) ORDER 

In resolution of all appeals currently pending before the State Board of 
Elections and based upon the administrative record, the Board enters the following 
order: 

1. That the results of the recount concluded on December 28, 1994, in State 
Senate District 15 show a tie between Democratic candidate Elaine Marshall and 
Republican candidate Dan Page. 

2. Based upon the results of the recount concluded on December 28, 1994, and 
pursuant to G.S. 163-191, it is hereby ordered that a special election for State 
Senate District 15 shall be held by the county boards of election in Lee, Harnett, 
Johnston, and Sampson on March 28, 1995. 

3. In all counties in District 15, both political parties may appoint persons to 
serve as precinct judges where any vacancies currently exist. Any person so 
appointed shall only serve as judge in the precinct to which they are appointed for 
this special election. For this special election, persons so appointed must be 
residents of District 15 and the county in which they are appointed, but need not 
be residents of the precincts in which they are appointed. Any persons appointed 
by either party to serve as precinct judges shall have their names submitted by the 
county chairman of their respective party to the chairman of the county board of 
elections on or before March 17, 1995. 

4. In each county, all precinct chief judges and precinct judges, including but 
not limited to those judges appointed pursuant to the terms of this order, shall 
attend a three-hour training session to be held by each county board of elections 
during the week of March 20, 1995, on or before March 23, 1995. All county 
board members and a representative from the State Board of Elections will attend 
each training session. 

5. For purposes of this special election, either political party may appoint to 
the position of observer persons who are not residents of the precinct in which 
they are appointed provided they are residents of District 15 and the county in 
which they are appointed. In all other respects, the appointment of observers shall 
be governed by the provisions of G.S. 163-45, including, but not limited to, the 
requirement that individuals authorized to appoint observers (the chairman of each 
political party) must, prior to 10:00 a.m. on the fifth day prior to the special 
election (March 23, 1995), submit in writing to the chairman of the county board 
of elections two signed copies of a list of observers appointed by them designating 
the precinct for which each observer is appointed. 

6. On the day of the special election, a representative of the State Board of 
Elections shall be present in each county from the time the polls are opened until 
vote totals from all precincts are reported to the county board. 



January 25, 1995 



12 SENATE JOURNAL [Session 

7. In Lee County, a representative of the State Board of Elections shall be 
present in each precinct before the polls are opened and until vote totals are 
calculated and ballots are sealed in the ballot box in accordance with the require- 
ments of the General Statutes. The representative of the State Board of Elections 
will take possession of each precinct's ballot box after it is sealed. 

8. In Lee County, a representative of the State Board of Elections shall be 
present at the Lee County Board of Elections for the counting of absentee and 
transfer bahots and shall take possession of those ballots after they are counted 
and sealed in accordance with the General Statutes. 

9. All ballots used in all counties shall only contain the names of the two 
candidates and shall not contain provisions for straight ticket voting. The ballots 
will also show the party affiliation of each candidate in the customary manner. 

10. For this special election, the county boards of election in Harnett, Johnston, 
and Sampson shall use the voting systems used in those counties during the 1994 
General Election. 

11. For this special election, in Lee County voting shall be done by traditional 
paper ballots that will be printed by the State Board of Elections. All ballots in 
each precinct shall be counted only by the precinct officials for each precinct. Any 
ballot that is disputed by any of the precinct officials shall be segregated from the 
other ballots for the precinct by placing them in a sealed envelope signed and 
dated by each precinct official. The envelope containing disputed ballots shall be 
placed in the precinct's ballot box and sealed with the other ballots for the 
precinct. 

12. In all counties observers and members of the public shall have full and 
complete access to observe the counting of ballots. 

13. It is stipulated by candidates Elaine Marshall and Dan Page that neither of 
them will appeal this order and that Page will dismiss his petition for judicial 
review of previous orders of the State Board, now pending in Wake County 
Superior Court as 94 CIV 11980. 

14. In all respects not addressed by this order, this special election shall be 
conducted under the supervision of the State Board of Elections and in accordance 
with the appropriate procedures contained in Chapter 163 of the General Statutes. 

This the 12th day of January, 1995. 

State Board of Elections 

By: S/Edward J. High, Chairman 

By: S/Gary O. Bartlett, Executive 

Secretary-Director 

So Stipulated: 

S/John R. Wallace 

Wallace, Creech, Sarda & Zaytoun 

Counsel for Elaine Marshall 

P.O. Box 12065 

Raleigh, North Carolina 27605 



January 25, 1995 



1995] SENATE JOURNAL 13 

S/Thomas A. Farr 

Maupin, Taylor, Ellis & Adams, PA. 

Counsel for Dan Page 

P.O. Drawer 19764 

Raleigh, North Carolina 27619 

S/Charles Hensey 

North Carolina Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602 



RESIGNATION 

The President directs the Reading Clerk to read as follows: 

The University of North Carolina 
BOARD OF GOVERNORS 

December 14, 1994 

The Honorable Dennis Wicker 
Lieutenant Governor of North Carolina 
Hawkins-Hartness House 
310 North Blount Street 
Raleigh, North Carolina 27603 

RE: Vacancy on the Board of Governors of the University of North Carolina 
Seat formerly held by James Earl Danieley 

Dear Sir: 

The provisions of G.S. 116-7 require the Board of Governors to notify you when 
any vacancy occurs in its membership. 

The Board wishes to inform you that the seat on the Board of Governors previous- 
ly held by James Earl Danieley is vacant. Dr. Danieley resigned from the board 
effective November 30, 1994. Under the provisions of G.S. 116-7(c), the seat is 
deemed vacant. The Senate elected Dr. Danieley to a political minority seat with 
a four year term extending through June 30, 1995. 

Dr. Danieley served on the Board of Governors since 1983. He was a valuable 
colleague and contributed significantly to the work of the Board. 

Sincerely yours, 
S/D. Samuel Neill 
Secretary 

The Chair orders the letter held in the Office of the Principal Clerk until com- 
mittees are announced. 

The President of the Senate directs the Reading Clerk to read as follows: 

January 25, 1995 



14 SENATE JOURNAL [Session 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 20, 1995 

The Honorable Dennis A. Wicker 
President of the Senate 
State Legislative Building 
Raleigh, North Carolina 

Dear President Wicker: 

This is to advise you that the Senate Democratic Caucus met on November 30, 
1994, with 26 members present and nominated the following officers for the 1995 
Session of the General Assembly: 

President Pro Tempore - Senator Marc Basnight 
Deputy President Pro Tempore - Senator R. C. Soles, Jr. 
Majority Leader - Senator J. Richard Conder 
Majority Whip - Senator Frank W. Ballance, Jr. 
Principal Clerk - Ms. Sylvia M. Fink 
Reading Clerk - Mr. LeRoy Clark, Jr. 
Sergeant-at-Arms - Mr. Cecil Goins 

Sincerely yours, 
S/Joan R. Leatherman 
Assistant Secretary 
Democratic Caucus 

The President directs the Reading Clerk to read as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27601-2808 



January 9, 1995 

Ms. Sylvia Fink 

Principal Clerk, Senate Chamber 
North Carolina General Assembly 
Room 2020, Legislative Building 
Raleigh, North Carolina 

Dear Ms. Fink: 

The Republican Delegation of the North Carolina Senate wishes to notify the 
Senate membership of the election of its leadership for the 1995 Session. We 
respectfully request that this information be appropriately recorded. 



January 25, 1995 



1995] SENATE JOURNAL 15 

The Minority Leader elected by the Republican Senators is Betsy L. Cochrane of 
Davie County. The Minority Whip of the Republican Delegation is Austin M. 
Allran of Catawba County. 

The Senate Republicans and their leadership look forward to working with you and 
your staff in the 1995 Session of the General Assembly. 

Sincerely, 

S/Betsy L. Cochrane 

COURTESIES OF THE FLOOR 

The President expresses appreciation to the Justices and Judges of the General 
Court of Justice for their participation in today's opening ceremonies and extends 
courtesies of the floor to the Honorable Burley Mitchell, Jr., Chief Justice of the 
Supreme Court of North Carolina; the Honorable Willis P. Whichard, Associate 
Justice of the Supreme Court of North Carolina; the Honorable Henry E. Frye, 
Associate Justice of the Supreme Court of North Carolina; the Honorable John 
Webb, Associate Justice of the Supreme Court of North Carolina; the Honorable 
Sarah Parker, Associate Justice of the Supreme Court of North Carolina; the Hon- 
orable Robert Orr, Associate Justice of the Supreme Court of North Carolina; the 
Honorable Sidney S. Eagles, Judge of the North Carolina Court of Appeals; the 
Honorable John B. Lewis, Jr., Judge of the North Carolina Court of Appeals; the 
Honorable Jack Cozort; the Honorable Clifton E. Johnson, Judge of the North 
Carolina Court of Appeals; the Honorable John C. Martin; the Honorable Joseph 
R. John, Jr., Judge of the North Carolina Court of Appeals; the Honorable James 
A. Wynn, Judge of the North Carolina Court of Appeals; and the Honorable D. 
Jack Hooks, Jr., Senior Resident Judge of the 13th District of the Superior Court 
of the General Court of Justice. 

The President extends courtesies of the floor and gallery to the families, friends, 
and guests of the Senators and to all visitors. 

ORGANIZATION OF THE SENATE 

The President announces the Senate ready to proceed with the election of offi- 
cers, and declares the floor open to nominations for a President Pro Tempore of 
the Senate, pursuant to Article II, Section 14(1) of the North Carolina Constitution. 

The President recognizes Senator Martin of Pitt who offers the following nomi- 
nation and remarks: 

"Mr. President, ladies and gentlemen of the Senate. It is my honor and a 
special privilege for me to introduce to you a man who was my seatmate for eight 
years before he left for better things, and also the appointee by the Democratic 
Party, or the Democratic majority of this Senate, to be President Pro Tern. In 
some cases, Mr. President, we find ourselves having to restrict ourselves on some 
things we say about candidates when they're being introduced. But this is not the 
case today. 

"In Marc Basnight we have a candidate who has a track record with us and 
we've seen him make it, compile it, day by day. We know what he can do and 



January 25, 1995 



16 SENATE JOURNAL [Session 

what he will do, and we have complete confidence and trust and he is worthy of 
that trust. Marc is and has been an excellent State Senator for ten years, now 
beginning his eleventh year in this Body. He has prepared himself thoroughly for 
this opportunity. Having spent (some of you might not know it, some of you do 
know it) he spent hours in Raleigh learning for himself the process of State 
government and he's done well. 

"Marc has earned not only the respect of this Body, but the House of Represen- 
tatives and the public at large. Marc Basnight is a man that is committed. 
Committed to the Senate of North Carolina and to the State of North Carolina. 
He is committed to basic values. I know, when I say values in today's society, you 
get into trouble, you get into an argument whose values they are. Safe saying is 
honor, truth, and duty are not an arguable value. So, therefore, Marc is dedicated 
to that, and to the process of opening up State government for everyone to serve. 

"All of you are familiar with his, not only causing legislation to be sponsored in 
order to open up State government, but he has pursued that legislation and he has 
the Senate to pass it and pass it on to the House; to the proper education of our 
children in the State of North Carolina. Especially, he has paid attention to the 
have-not-schools, so called, the ones of low wealth, and the ones in real 
small.. .and they have a very difficult time in trying to achieve the goal that has 
been set for them by the State Board of Education. Sometimes we ask why 
shouldn't all students in this State have the same chance and opportunity. 

"To this end, Marc has dedicated himself. To those in need, to the economic 
development in this State, from the mountains to the coast. You might not be 
familiar with it, but Marc was one of the first ones to propose to the Department 
of Commerce, regionalism, which we have gone into, and caused a bill to be 
drafted for northeastern North Carolina, and one for southeastern North Carolina, 
to set themselves aside as a regional district in order to better economically 
develop. They've always asked the question 'What is Raleigh doing for me? Why 
aren't they paying us attention?' This gives them an opportunity to look at them- 
selves and maybe they can find out what the problem is. 

"And the list goes on and on, Mr. President. Especially he's committed also to 
the physical responsibility of this State. And his record as President Pro Tempore 
is excellent. He is well known, having traveled this State on occasions from coast 
to the mountains, trying to get the proper legislation for our universities, in that 
good time to issue bonds, and he saw that opportunity and he made it his point to 
promote it, possibly calling on every editor and newspaper in the State of North 
Carolina. You know the results of that effort. 

"He has unified this Body as never before, paying attention to and giving equal 
consideration to all groups. He's proved to be a skillful negotiator when it comes 
to conferees and to the House. 

"Mr. President, ladies and gentlemen of the Senate, we need Marc Basnight's 
commitment as never before. Therefore, I nominate our friend and present leader, 
Senator Marc Basnight, for the Office of President Pro Tempore of the 1995 
General Assembly, and urge your support for this nomination." 

The President recognizes Senator Martin of Guilford who offers the following 
remarks: 

"Mr. President, Members of the Senate, guests, visitors. I am very pleased to be 
able to stand before you and second the nomination of Senator Marc Basnight as 



January 25, 1995 



1995] SENATE JOURNAL 17 

President Pro Temp of the North Carolina Senate. Many of the great qualities 
have been mentioned to you by Senator Bob Martin; but just to say a few words. 

"Senator Marc Basnight is a person who has given us and shown us that there's 
proven leadership, included among, which I would have to say, that, we would, say 
with no doubt, that he has exercised sound judgment during the time that he has 
served us previously in this capacity. Among the qualities that I believe it is 
important to point out would be the situation of trust. We all do have faith and 
trust in the abilities, the leadership abilities that have been exhibited by Senator 
Basnight. And his basic instincts, among which are fairness, which is extremely 
important; a desire to do that which is right; and also sensitivity to a wide range 
of concerns, including those of business, the consumer, also in terms of the 
wealthy, the poor, the economic middle class, the diverse racial ethnic make-up 
within the State of North Carolina, and also the geographic regions of the State. 
He has made special efforts to present balanced viewpoints and arrive at consensus 
that exhibit that balanced viewpoint that all of us can safely follow and be proud 
of. Accordingly, we would have to say that he's a man that does possess wisdom, 
knowledge and understanding, and that is exhibited throughout the entire period 
that he has given us leadership. 

"And finally, I would just indicate in closing that balanced viewpoints, balance is 
going to be particularly important this term, probably more so than it has been in 
the past, because there are a number of interests, competing interests. There's a 
lot of controversy that might arise and all of us have the confidence, who know 
him, that Marc Basnight is the person that can strike the proper balance to make 
sure that the Senate of North Carolina, the North Carolina General Assembly, and 
the State, is one whose policies and practices will go down in history as being solid 
and sound. Thank you, Mr. President." 

The President recognizes Senator Kincaid of Caldwell who offers the following 
nomination and remarks: 

"I would like to make a nomination for this Office. Thank you, Mr. President, 
guests, and Members of the Senate. I rise to nominate Senator Betsy Cochrane 
for this Office, and I want to tell you Members why. As you probably know, 
there's been a new day in the political scene in North Carolina and in the nation. 
The voters of this State, as you know, have kicked out of the traces and demanded 
a government of less taxes and less involvement in their lives, and I think Senator 
Speed would understand, probably more than anyone else, what I mean by kicking 
out of our traces. Many people in elective office now realize the mood of the 
public. Our current Governor, up to last year, probably had never seen a govern- 
ment program that he didn't like, and now he's trying to outbid us Republicans in 
tax relief. And this is good. No one can benefit by this better than the public, the 
taxpayers. In fact, this has created an atmosphere in this Body that I have often 
wished for and never seen, and we now have this atmosphere. We Republicans 
appreciate the fairness of Senator Basnight in the past. I've served here, as you 
know, a long time, and I can truthfully say I've never served with a more fair and 
more effective Pro Tern than Senator Basnight. However, the voters of this great 
State have placed a tremendous responsibility in the hands of us Republicans this 
year. Due to our numbers we sincerely believe it's our responsibility to offer a 
new direction for more conservative government and be involved in people's lives 
less. 



January 25, 1995 



18 SENATE JOURNAL [Session 

"This is indeed a new day. And for that reason, Mr. President and Members of 
the Senate, it's a pleasure for me to introduce Senator Betsy Cochrane for this 
Office of Senate Pro Tern. I had the pleasure of knowing the Senator from Davie 
County for a long time. As you Members of the Senate are probably aware, Betsy 
has served in the House four terms, where she served as Minority Leader, and 
she's also served now, this will be her fourth term in the Senate. 

"There are many things that I could say about Senator Cochrane, but I want to 
condense it due to the lack of time. She is a graduate of Meredith College here 
in Raleigh. She taught school in the public schools and private schools in North 
Carolina for, I think, about approximately eleven years. She is also active in her 
church where she taught Sunday School for seventeen years. Senator Cochrane 
possesses that ingredient that I think is essential to any politician to be successful, 
and that is ample common sense. She has plenty of common sense. Senator 
Cochrane and her husband, Joe, who is here with us today — she has a son and a 
daughter. Senator Cochrane is truly a lady, an experienced legislator, and a very 
knowledgeable legislator. 

"It is indeed a pleasure and an honor for me to introduce and recommend 
Senator Cochrane for this Office. Thank you very much." 

The President recognizes Senator Little of Moore who offers the following re- 
marks: 

"I rise to second the nomination of Senator Betsy Cochrane. 

"Mr. President, as I rise this afternoon to second the nomination of Senator 
Betsy Cochrane as President Pro Tempore of the North Carolina Senate, I am 
reminded of the words of Bank of America Vice President Shelly Porges, when she 
observed To keep ahead in this dynamic environment in which the rules are 
constantly changing, requires more than simply a change in structure. It requires 
a change in our whole way of thinking.' 

"To my friends and colleagues of this Chamber, I say it is a pleasure to second 
the nomination of Betsy Cochrane because it represents a significant change from 
the policies of the past. Senator Cochrane represents the hope for the future that 
North Carolina voters demanded on the first Tuesday in November of 1994. 
Senator Cochrane has been a leader in the General Assembly since her election to 
the House of Representatives in 1980, the first woman ever from her district. In 
1983-84, she was the first woman to serve in a leadership role of the Republican 
Joint Caucus. During her eight years in the House of Representatives, she was 
also the first woman ever elected as House Minority Leader. This position 
continued to underscore the precedent already set by Senator Cochrane as an 
agent of change. So significant were her contributions to the affairs of the North 
Carolina House of Representatives that the National Republican Legislators Asso- 
ciation selected her as one of their ten top legislators in the nation. 

"After serving with distinction in the House of Representatives for eight years, 
Senator Cochrane became the first woman from her district to be elected to the 
North Carolina Senate. Since the first day of the first term, she has served this 
Body with honor and distinction. Her credentials and qualifications are impecca- 
ble. She is a career educator, a member of the Board of the Public School Forum, 
a member of the Governor's Advocacy Council on Children and Youth, the 
Governor's Program of Excellence in Education, and the Governor's Commission 
on Work Force Preparedness. She has served this Body on the Advisory Budget 



January 25, 1995 



1995] SENATE JOURNAL 19 

Committee, the Economic Futures Commission, the Commission on Aging, the 
Legislative Ethics Committee of the General Assembly, and the Legislative Ser- 
vices Commission. When not in Raleigh, she is working for the good of her 
district and the State. She is at home contributing her time and energies to a 
variety of cultural and civic activities, including the North Carolina Symphony 
Guild, the North Carolina Museum of History Associates, and the North Carolina 
Arts Society. Locally she works with and supports the Piedmont Health Systems 
Agency and the Heart Fund. Through fourteen years of service to the institution 
of the North Carolina General Assembly, Senator Cochrane has been in the fore- 
front of this Body's activities and efforts. Her devotion, commitment, fairness, 
intelligence, and energy are exceeded only by her perseverance. Having worked in 
these halls for many years, she has heard the word 'no' on more than one 
occasion, yet she has continued to be tireless in her efforts on behalf of North 
Carolina citizens. There is a fire in her heart that will not let her quit or say 'no' 
to the reasonable demands of the people in her district and this State. 

"My fellow colleagues, Senator Cochrane is a true leader and an agent of 
change. Those citizens who exercised their civic duty in November demanded a 
change, and we today are in a position to give them what they have requested. It 
is my high honor and happy privilege to second the nomination of my friend of 
twenty years, Senator Betsy Cochrane, for President Pro Tempore of the North 
Carolina Senate. Thank you, Mr. President." 

Hearing no further nominations the Chair directs the members of the Senate to 
answer the call of the roll and cast their vote for the President Pro Tempore 
nominee of their choice. 

Those voting for Senator Basnight are: Senators Albertson, Ballance, Basnight, 
Conder, Cooper, Dannelly, Edwards, Gulley, Hobbs, Hoyle, Jordan, Kerr, Lucas, 
Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Rand, 
Sherron, Soles, Speed, Warren, and Winner — 26. 

Those voting for Senator Cochrane are: Senators Allran, Ballantine, Blackmon, 
Carpenter, Carrington, Clark, Cochrane, Davis, East, Forrester, Foxx, Hartsell, 
Horton, Kincaid, Ledbetter, Little, McDaniel, McKoy, Sawyer, Shaw, Simpson, 
Smith, and Webster— 23. 

The President announces Senator Marc Basnight of Dare County receives 26 
votes and Senator Betsy Cochrane of Davie County receives 23 votes and declares 
Senator Marc Basnight of Dare County elected President Pro Tempore of the Sen- 
ate for the 1995 Session. 

The Chair recognizes Senator Cochrane of Davie County who offers the 
following remarks: 

"Thank you, Mr. President. I realize that the President Pro Tempore is not here, 
but I think it's important for all of the Body that is here to know that the twenty- 
three Republican Senators offer their congratulations to the person who has been 
elected to President Pro Tempore of this Senate. We are here to pledge our 
support to all Senators of good will to do good government issues in this Session 
of the General Assembly. We have made this gesture today to show we are here 
in numbers significant enough to be taken seriously and to be serious players in 
the process. What has happened here today is not historically new. It has been 
done in the House of Representatives for years. It is done in Congress always. 



January 25, 1995 



20 SENATE JOURNAL [Session 

It is merely a gesture to show we are duly elected members of this Body here to 
do a job; and we Republicans are here committed to do the job for the people 
that elected us, and we today are pledging our support for the duly elected leader- 
ship of this Body and we do intend to be people of good will as members of the 
Senate of North Carolina. And we join all of you in the unanimity of being 
behind our leader in the work that has to be done in this Senate Body for good 
government. And I would ask that these remarks be spread upon the Journal so 
that people know the Republicans have the intention of working together in this 
Body for the two-year term ahead. Thank you, Mr. President." 

The President appoints Senator Hoyle of Gaston County, Senator Lucas of 
Durham County, Senator Plexico of Henderson County, and Senator Speed of 
Franklin County to escort the President Pro Tempore-oi&cX, Marc Basnight, to the 
Well of the Senate. Senator Hoyle of Gaston County addresses the Chair and 
presents the President Pro Tempore-elect, Marc Basnight. 

The Chair directs the Sergeant-at-Arms to escort the wife of the President Pro 
Tempore-elect, Sandy Basnight, to the Well of the Senate where she joins Senator 
Basnight as he receives the prescribed oath of office. The Honorable Burley B. 
Mitchell, Jr., Chief Justice of the Supreme Court of the General Court of Justice 
of North Carolina, administers the prescribed oath of office. 

The President recognizes Senator Marc Basnight, President Pro Tempore, who 
addresses the membership from the Well of the Senate and offers the following 
remarks: 

"Thank you, thank you so very much. The wait outside the doors is long and 
questionable when you're there wondering why you haven't opened those up. 
Senator Cochrane, to you and the Republican members of this Body, and to the 
Democratic members, November 8th is over. We are one people, working for one 
goal and one mission, and our successes, we'll succeed together. With the 
contributions that you have made and those that you will be making in the future, 
I salute you, and thank you for the kind of person that you are, a great North 
Carolinian. 

"To the Lieutenant Governor, and to Justice Mitchell, and our family of mem- 
bers of the Court, I thank you for being with us today; to my friends, and most 
especially, my wife, and my mom, and family back home, I thank you. 

"Distinguished guests and all. It is a wonderful opportunity that beholds all who 
will seize upon that opportunity. 

"It is an honor to be re-elected as the President of this Senate. Much has 
happened in the past that has made North Carolina a great place to live, but a 
great deal is before us. 

"I sincerely hope that we can and will work bipartisanly in a spirit that led last 
year to the unanimous decisions in several Senate bills including our 1993 budget. 
I think we can, because I believe that the people in this chamber agree that we 
should do only what is best for the people of this great State of ours. In some 
instances that may mean a more effective and efficient government and in others 
it may simply mean less government intrusion. 

"I believe that government should help people or get out of the way. Our job 
is to make sure that this balance between citizens and the government is 
maintained. 



January 25, 1995 



1995] SENATE JOURNAL 21 

"Our people want a high quality of life and they richly deserve it and they 
expect the government to play a role in making it such a reality. Government has 
a responsibility to keep our streets safe, to provide opportunity for job growth, to 
educate our children properly. Government must also govern efficiently and effec- 
tively and responsibly. 

"North Carolinians have every right to complain about their government. She 
traditionally always has. But, they also have the right to expect government to do 
some good things to make our State a better place to live. 

"Our goal should be to drive North Carolina towards a better opportunity not 
just for her people today, but for those people of tomorrow. 

"What happens in the next generation, in the next decade, is dictated by what 
we do today, just as what we do today is directed by the actions of those who 
came before us. Over the years our Constitution has been our roadmap and our 
compass, our direction, our light, our beacon. But we know that times change and 
needs change, as well. 

"It is good to consider Constitutional changes that will make our government 
more efficient and more effective, and certainly, more accountable, for great 
reason. Senate proposals on veto, governance, the Homestead Exemption, alterna- 
tive punishments, and victim's rights certainly meet that standard today. 

"Senator Cooper, if the House and Senate can't muster three-fifths of our mem- 
bers to pass the spending bill, the document is probably of very dubious value. 
Every four years citizens from across this great State elect their leader, the 
Governor. The people expect the Governor to carry out the agenda laid out so 
carefully in the campaign, but he is granted few tools to influence the legislative 
process. 

"I think the Governor should have the authority to say 'no' to the General 
Assembly and be accountable to the people for his actions. We are the only State 
in the Union, we all realize that, that doesn't grant the Governor the veto power. 
During the budget process, as many of you have seen and witnessed, and I being 
one, both Democrat and Republican Governors have had to await their time or 
their opportunity to be involved in the budget process across the street, just for an 
opportunity to advance their agenda. That person elected by all the people of this 
great State of ours. 

"The current Governor supports veto power, the last Governor supported it, and 
all before him that we know of. The Senate has passed the Amendment before. 
I want the people to simply have a chance to decide the issue at the ballot box this 
year. 

"Another bill that the Senate passed last year was Governance for Public 
Education. This is also an issue of accountability. There is a crisis in education 
in North Carolina and it has resulted in a circle of educators and politicians such 
as ourselves all pointing the blame at each other when they really should be 
pointing the blames — where — at ourselves. 

"We must establish clear lines of authority and we will endeavor to do so both 
through statute and the Constitutional Amendment. The North Carolina 
Constitution originally preserved the State Board of Education, appointed by the 
Governor, as the leader in education and the elected Superintendent of Public 
Instruction as its Administrative Officer. 

"By making the Superintendent an appointed position we will take an important 
step in establishing accountability for our successes or failures in education. 



January 25, 1995 



22 SENATE JOURNAL [Session 

Senate education proposals will make the Governor the clear education leader in 
North Carolina and will place authority in his hands and the hands of his 
appointees. 

"These steps may appear to strengthen the Governor. They do. They both 
strengthen and provide more accountability for our government. The Governor, 
however, is not the only position that should be empowered. 

"I recommend that we empower local government through a constitutional 
amendment. Local government is closest to the people and it is also the most 
restricted by all levels of government. Let's unshackle the local government in its 
opportunity to help senior citizens in their homes. The State Constitution restricts 
that local governments in many ways that may or may not be entirely beneficial to 
our citizens — and the Homestead Exemption Act is one example. 

"When the General Assembly enacted the Homestead Exemption for the elderly 
it was intended to help our senior citizens with little personal wealth other than 
the homes that they live in. The exemption has helped some seniors hold onto 
their family homes today, but barely so. 

"Our State is both large and diverse, as we all realize, from the mountains to the 
coast. Geographically it defines its differences as well. It's what helps create such 
tremendous beauty. Counties should be able to allow for disparities in real estate 
values by altering the homestead exemption to target their local population that 
needs a helping hand. The State Constitution denies that authority to local 
government today. We can change it, along with the people of this great State. 
Senator Cooper will propose that we change the Constitution and let the people 
decide. 

"Another amendment to the Constitution, Senator Albertson's alternative punish- 
ments bill, is a step in the right direction and it will grant the appropriate authority 
to our judges. It is a disgrace that in North Carolina a criminal can say 'no' to a 
judge and demonstrate his own fate. Hard to believe, but it is true. 

"The State Constitution is written so narrowly that a judge can sentence a 
criminal to tough probation standards and compensation to victims, and the crimi- 
nal can opt for an active sentence, as we all realize and understand, instead of 
what is offered. After a few weeks lifting weights or studying or doing the many 
different things that people do in prison, the criminal is done. The options are 
over. He can walk the streets never worrying about paying back the victim or 
victim's family for the pain that the crime could have caused, and never worrying 
about complying with probation and community service. 

"It is no wonder that in 1993 when Senator Albertson's bill that was proposed 
as a constitutional amendment to give total authority to the sentencing judge, it 
passed this Chamber unanimously. I firmly believe that when people commit 
crimes, they give up their right to determine their own future. It is our right as 
citizens to expect the criminal justice system to be effective and just. This amend- 
ment will mean that criminals are treated as criminals and their fate will be deter- 
mined and decided by the courts. 

"These days it too often seems that the only people with rights are the criminals. 
You feel it sometimes in your communities when you face the same one time in 
and time out. Their rights, it seems, are protected by the United States 
Constitution, as it rightfully should, and also the North Carolina Constitution. But, 
where are victim's rights protected today? 



January 25, 1995 



1995] SENATE JOURNAL 23 

"A 1993 LRC report recommended that equal treatment for crime victims should 
be best accomplished through a victims' rights amendment to the State Constitu- 
tion. Many of you have read that report. I'll repeat it again. 

'"Adopting a constitutional amendment would grant permanence to victims' 
rights. An amendment would place victims' rights alongside the defendants' rights, 
adding credibility and stability,' to the criminal justice process. 

"I hope you will join Senator Ed Warren and Senator Forrester and others who 
sponsored victims' rights amendments in the past and see to it that this amend- 
ment is on the ballot for the people to decide this year. If we aren't doing justice 
by the victim of a crime then we aren't doing justice at all. 

"It is very important that the punishment fit the crime. You may recall that I 
mentioned that government should help people or get out of their way. When it 
comes to public safety, people expect government to help them and protect their 
families and their homes and their property. It is the very most basic duty of 
government to maintain order. 

"As free citizens, we are entitled to walk our streets and relax in our homes in 
safety. It's rightful. When criminals take away my right and your right, and the 
right of my family and yours, to be safe in our streets, in our front yards, in our 
homes, we are no longer free. 

"From the beginning of society, people have been wronged by others. Today's 
level of wrongdoing is too high for my tolerance, and I'm sure too high for your 
tolerance as well. Despite our efforts in prevention and punishment, North 
Carolina continues to be much, much too violent. 

"Let us not forget, however, that the other side of criminal activity is job oppor- 
tunity. We need to focus on both punishment and prevention. Punishment is the 
responsibility of the criminal justice system, but the best prevention program is a 
good job and a good education. No one can disagree with such. 

"For those who choose the path of crime, their reward will be prison; for those 
who seek the path of opportunity, we should be prepared to reward them with 
good jobs and a good education. The promise of opportunity can steer a troubled 
youth away from crime and towards a much better and more productive life in 
society. Who are the winners? You and I, and all of North Carolina. 

"Here again, government should help or get out of the way in such a process. 
Government can help people by maintaining our quality of life, protecting our 
abundant natural resources, and by providing the basics of business infrastructure. 

"Beyond the basics, however, Senator Sherron, government should show re- 
straint. I remember the old story where a farmer says to his neighbor, 'You know, 
that weather forecaster on the government radio station is always wrong.' 'Don't 
complain,' remarked the second farmer. 'Think about how bad it would be if the 
government started regulating the weather instead of just predicting it!' 

"Rules and regulations should only be implemented when they are clearly drawn 
and clearly necessary for their purpose. There should be value in the regulation 
for the people of this great State. We should be careful to consider the costs and 
benefits of the rules our bureaucracy creates, and we need to outline clear author- 
ity to object and stop rules that do not meet our standards and our needs and hat 
will advance opportunity and good fortunes for people of North Carolina. 

"We should also make certain that our tax burden is not a disincentive for 
recruiting new industry and encouraging current industry to expand. As you know, 
I see the intangibles tax as a significant disincentive. 



January 25, 1995 



24 SENATE JOURNAL [Session 

"I firmly believe that a repeal of the intangibles tax will benefit all of our State. 
Eliminating this nuisance tax will result in more people calling North Carolina 
home, and paying taxes here, and more businesses coming our way. It's a pretty 
good deal, isn't it? 

"To maintain local industry and seek to attract new jobs, the Senate will work 
responsibly to reduce the corporate income tax rate and bring it more in line with 
our competitor states. We find ourselves in the highest of the comparable charts 
in the Southeast. It has been cited by many as a red flag to industry looking to 
locate in North Carolina, and the Governor and several members of this Chamber 
have recommended that we scale it back. Let's be successful. 

"As we consider incentives for industry recruitment and good jobs, I also believe 
that we must consider the needs of the working people in North Carolina, those 
who got up early this morning and put their boots on, their coats and ties, do the 
jobs of their responsibilities in North Carolina to make their families successful. 
Our tax system should encourage these families to stay together and reward people 
who work hard to put bread on the table. 

"Keep in mind, that for every tax cut, we must identify to some extent, some 
reasonable extent, a cut in government and a cut in the budget itself. What's 
being proposed today is far greater in numbers than we have the ability to reduce 
from the budget without a cut itself. We should be seeking efficiencies and we 
must maintain our fiscal integrity. Where we have duplication in government, it 
should be purged from the system itself. Where we have mismanagement, it has 
to be removed. North Carolina has maintained its triple-A bond rating through 
responsible budgeting. The bond rating saves taxpayers monies every day, as you 
well know, in local government, those of you who have joined us today, because 
North Carolina can borrow at the lowest rates that are available in this country. 

"Budgeting responsibly is a legacy that we owe our future generations of North 
Carolinians. The 'Rainy Day Fund' which we created in this Body not many years 
ago now stands at almost $300 million. Growing quickly in the next two or three 
years to $500 million. I think our goal should be double that level and establish 
a billion plus dollar savings account for North Carolina. 

"A savings reserve will help allow North Carolina to keep the prisons operating 
in this State, our schools, public schools, in good repair and operating properly, 
roads repairs, and doing the things we hate to do, and that's to maintain our 
prisons. To keep us out of a very difficult time that can occur when a recession 
does come. Without the 'Rainy Day Fund,' you may find higher taxes are neces- 
sary to keep those essential services going. I support the 'rainy day' fund, as all 
of you do. It's a savings, because it is a taxpayer protection for today and for our 
children. 

"As we talk about our future in concert with tax cuts and budget cuts, I admit 
that I am concerned, as many of you are. I would be excited about the prospect, 
if I thought North Carolina was where we want it to be. But you need look no 
further than public education to realize that North Carolina has a very long way to 

go- 

"Education is a subject that has been one of the top priorities of government for 
as long as I, or anyone in this Chamber, have been in the Senate. It is an area 
where government must help and also at the same time, get out of the way. We 
must help, by providing an equal and adequate education for the children in North 
Carolina and we are not doing enough in that regard today. We must get out of 



January 25, 1995 



1995] SENATE JOURNAL 25 

the way and spend less time testing children like guinea pigs and creating more 
time for teachers in the classroom. 

"While many of the educational initiatives we have started in recent years are 
beginning to show some promise, none of us can be satisfied with the lack of 
progress our schools are making today. 

"Two weeks ago, for instance, we learned that two-thirds of our high school 
students are performing below acceptable standards in their core classes. For the 
second year in a row our drop-out rates are climbing. After over a decade of 
investing in schools, in North Carolina, North Carolina remains next-to-last on the 
national SAT rankings. 

"I, for one, am not willing to accept that our State's schools continue to languish 
near the bottom of the nation's educational rankings. I believe it is time for us to 
take bold steps and move North Carolina public education towards respectability. 
"To do that, I am proposing that we focus our efforts and deal with basic prob- 
lems in very common sense ways. 

"The first thing we need to do is to clarify who is in charge of education, and 
with that, who is accountable if things aren't working. We aren't going to solve 
our education problems as long as everyone is accountable and at the same time 
no one is accountable. 

"We have studied the school governance issue only to find that over the last two 
decades we have changed education governance and taken authority away from the 
State Board and granted more and more power to the bureaucracy. It hasn't 
worked and it isn't going to work. I propose that we put things back as they were 
and that we give the State Board the constitutional responsibility that was taken 
away from it. With Jay Robinson heading up the State Board, I have confidence 
that they are up to the job and are prepared to be held accountable. 

"As all of you know, this Body has been willing to take up the issue of gover- 
nance before, but we have focused our energies on constitutional changes which 
would take years before making an impact. What you are being asked to support 
today is a far simpler approach which would take effect immediately. I ask you to 
join me in restoring constitutional authority to the State Board and make it clear 
that the State Board is the body that will be held accountable for schooling in 
North Carolina. 

"The second issue to be addressed is the proper role of state government in 
education. I propose that one of our first orders of business will be to take up a 
bill which will be introduced by Senator Perdue and a number of our colleagues. 
The bill would charge the State Board of Education to work immediately and 
come back to us no later than May, four months from now, with a plan that: 
Clearly defines and reduces the role of the Department of Public Instruc- 
tion — a plan that spells out the appropriate role of State government while 
empowering local communities to make the decisions they need to make for 
their schools and their children; 

I also want the State Board to come back to us with a plan that would 
reduce the size of the Department of Public Instruction by fifty percent. Our 
GPAC study laid out a plan which could be a roadmap for the State Board and 
it hasn't even been followed. I would like the State Board to take the GPAC 
recommendations and use their very best judgments and come back to us with 
a plan that would result in savings of tax dollars, a clear focus for the depart- 
ment, and a more efficient organization. 



January 25, 1995 



26 SENATE JOURNAL [Session 

"This bold approach will only work if we take up this bill immediately and pass 
it early in the Session. I am optimistic that this approach will be supported by our 
colleagues in the House; they publicly campaigned on a platform calling for a limit 
to the role of the State government and a return of power to our local communi- 
ties. If both houses can cooperate on this proposed legislation, I am convinced the 
State Board can have a plan back to us before we adjourn this year. Then we can 
adjourn having redefined the role of government in education, reducing the role of 
government in education, reducing the size of State government and establishing 
clear authority, once and for all, and the accountability for education in North 
Carolina. 

"Third, before this Session ends, I want us to have clearly stated what North 
Carolina wants from its schools. Since 1989, we have been holding schools 
accountable for over fifty things and we have added so many new tests that some 
think there is very little time left for teaching in the classroom. 

"I am proposing that we take the advice being given us by the Standards and 
Accountabilities Commission and ask our schools to focus on the very basics — 
reading, writing, and mathematics. With that, I am asking you to support a pro- 
posal that would limit the number of things we ask schools to be accountable for, 
limit the number of tests we administer and make this clear statement to the 
schools and the public. 

"When someone graduates from a North Carolina High School, they will be able 
to read well, they will be able to write cleariy, and they will have a basic command 
of math. In short, they will be the kind of graduate that is prepared to succeed 
in my community and your community college or university, the kind of graduate 
you and I would want to have, would have the opportunity to employ, as well. 
"Last, I share Governor Hunt's concern about safety in our schools. Senator 
Albertson, we can't have excellence coming out of our school doors if students are 
afraid to walk in them. 

"Towards that end, I believe we need to act on proposals such as establishing 
alternative schools for chronically disruptive or dangerous students, Senator 
Ballance. School principals should have greater authority to help chronically 
destructive or disruptive or violent students and see that they are removed from 
the school room, but given an opportunity to succeed in another classroom setting. 
We need to find ways to deal with violent young people that will give parents the 
assurances that public schools are a safe place once again for their children. 

"What I am asking you to support in this Session are basic proposals which I 
believe are the first steps toward making North Carolina the educational respect- 
ability that it so richly deserves. I need your support, as we need each other: 
To take steps our schools must be the safest that we can make 
those, 

To make it abundantly clear that the focus of North Carolina's 
schools is on giving our young people the strongest possible 
foundation in the basics again — reading, writing, and mathematics, 
To take State government out of micro managing schools by 
defining and limiting the role of the State bureaucracy, Senator 
Plyler, 

To save taxpayer's money by downsizing the educational 
bureaucracy, 



January 25, 1995 



1995] SENATE JOURNAL 27 

To restore the constitutional authority of the State Board of 
Education and establish clear lines of accountability for our 
schools. 

"That is ambitious, it is an agenda for our schools. It is an agenda that I believe 
this Body can accomplish and I call on each of you, Republican or Democrat, to 
make this agenda your priority for the 1995 Session of the General Assembly. 

"In each of the issues I have outlined, I have tried to stress two points: 

"First, government's mission should be to help people and provide a high quality 
opportunity of what life can give us all. We expect government to maintain public 
safety and provide education for our children. 

"Second, where government is not helping people, it should step aside. Where 
government is not representing the people effectively it should change. 

"Members of this Body, government is about you and I. Government is about 
people. That is why I serve in the General Assembly I'm sure that's why you serve 
here also. We are here to help people and protect them from government 
intrusion. We are here to help people and protect them as we rightfully should in 
their own public interest, from the outside forces that change our lives. As we cut 
government, we cut taxes, and cut regulations, we must be certain to consider the 
impact on the people. We should seek to make their lives better, not more diffi- 
cult. 

"I propose that we amend the State Constitution to make North Carolina more 
effective, more efficient, and more accountable. 

"I propose that we do more to make our streets safe for honest citizens. 

"I propose that we work hard to create and sustain high-quality jobs for North 
Carolinians. 

"I propose that we change a failed education system, grant more local control of 
education, focus on filling our classrooms with success in learning the basics, and 
take fear out of the hallways of our schools. North Carolina needs to get back 
to the basics in education and in governing. We need to help people or get out 
of their way." 

Courtesies of the floor are extended to former Senators present and to Thaddeus 
M. Wester, M.D., acting Physician for the Day. 

The Chair extends a very special courtesy to Mrs. Dennis A. Wicker, wife of the 
Lieutenant Governor, and to Mrs. Burley B. Mitchell, Jr., wife of the Chief Justice 
of the Supreme Court of North Carolina. 

ADOPTION OF RULES 

Senator Rand submits S.R. 1, a Senate simple resolution adopting the permanent 
rules of the Senate for the Regular Sessions of the 1995 General Assembly of 
North Carolina, for adoption. 

Senator Rand explains rewritten Rules 9, 32, 34, 40.1, 41, 41.1, 42, 42.1, 42.5, 
43, 44, 46, 47, 56.1(b), 57, 57.1. 

Senator Winner offers Amendment No. 1 which is adopted (45-2). 

Senator Simpson offers Amendment No. 2 which fails of adoption (23-26). 

Senator Simpson offers Amendment No. 3 which fails of adoption (23-26). 

Senator Simpson offers Amendment No. 4 which fails of adoption (23-26). 

Senator Simpson offers Amendment No. 5 which fails of adoption (23-26). 



January 25, 1995 



28 SENATE JOURNAL [Session 

Senator Simpson offers Amendment No. 6 which fails of adoption (23-26). 
Senator Simpson offers Amendment No. 7 which fails of adoption (23-26). 
On motion of Senator Rand, the Senate simple resolution, as amended, is 
adopted (26-23). 
The Chair orders the measure engrossed. 
The text of the resolution, as amended, is as follows: 

Be it resolved by the Senate: 

Section 1. The permanent rules for the Regular Sessions of the Senate 
shall be as follows: 

PERMANENT RULES OF 

THE REGULAR SESSIONS OF THE SENATE 

1995 GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1-7 

II. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59.1 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77. 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its commit- 
tees. — The following rules shall govern and control all actions and procedures of 
the Senate and its committees. 

RULE 2. Convening hour. — The Presiding Officer shall take the Chair at 
the hour fixed by the Senate upon adjournment on the preceding legislative day, 
and shall call the members to order. In case the Senate adjourned on the preced- 
ing legislative day without having fixed the hour of reconvening, the Senate shall 
reconvene on the next legislative day at 1:30 p.m., except that if the next legislative 
day is Monday, time for convening shall be 8:00 p.m. 

RULE 3. Opening the session. — The Presiding Officer shall, upon order 
being obtained, have the sessions of the Senate opened with prayer. 

RULE 4. Convening and presiding in absence of President. — In the ab- 
sence of the President, the President Pro Tempore shall convene or reconvene the 
Senate and preside, and during such time shall be vested with all powers of the 
President except that of casting a vote in case of tie when he has already voted on 
the question as a Senator. In the event of the absence of the President and 
President Pro Tempore at any time fixed for the reconvening of the Senate, the 
Deputy President Pro Tempore of the Senate, the Principal Clerk of the Senate, or 
in his or her absence also, the Chairman of the Senate Committee on Rules and 
Operation of the Senate, shall call the Senate to order and designate some 
member to act as Presiding Officer. 



January 25, 1995 



1995] SENATE JOURNAL 29 

RULE 5. Quorum. — (a) A quorum consists of a majority of all the 
qualified members of the Senate. 

(b) When a lesser number than a quorum convenes, the Senators present may 
send the Sergeant-at-Arms or any person, for any or all absent Senators, as a 
majority of the Senators present determines. 

RULE 6. Approval of Journal. — After the prayer, and upon appearance of 
a quorum, the Presiding Officer shall cause the Journal of the preceding day to be 
read and approved, unless the President Pro Tempore or, in his absence, the Depu- 
ty President Pro Tempore of the Senate or some member of the Senate by motion 
sustained by a majority of the members present, has the reading thereof dispensed 
with and the same approved as written. 

RULE 7. Order of business. — After approval of the Journal, the order of 
business shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

II. Conduct of Debate 

RULE 8. Presiding Officer to maintain order. — The Presiding Officer 
shall have general direction of the Hall of the Senate and shall be authorized to 
take such action as is necessary to maintain order, and in case of any disturbance 
or disorderly conduct in the galleries or lobbies, he shall have the power to order 
those areas cleared. 

RULE 9. Substitution for Presiding Officer. — The Presiding Officer, while 
in the Senate chamber, shall have the right to call on any member of the Senate 
to perform the duties of the Chair. 

RULE 10. Points of order. — (a) The Presiding Officer shall preserve 
order and decorum and proceed with the business of the Senate according to the 
rules adopted. He shall decide all questions of order, subject to an appeal to the 
Senate by any member, on which appeal no member shall speak more than once 
unless by leave of the Senate. A two-thirds vote of the membership of the Senate 



January 25, 1995 



30 SENATE JOURNAL [Session 

present and voting is necessary to sustain any appeal from the ruling of the 
Presiding Officer. 

(b) In the event the Senate Rules do not provide for, or cover any point of 
order raised by any Senator, the rules of the United States House of 
Representatives shall govern. 

(c) When a Senator is called to order he shall take his seat until the Presiding 
Officer determines whether he was in order or not; if decided to be out of order, 
he shall not proceed without the permission of the Senate; and every question of 
order shall be decided by the Presiding Officer, subject to an appeal to the Senate 
by any Senator; and if a Senator is called to order for words spoken, the words to 
which an exception is made shall be immediately taken down in writing by the 
Principal Clerk, so that the Presiding Officer or Senate may be better able to judge 
the matter. 

RULE 11. Debating and voting by Lieutenant Governor. — The Lieutenant 
Governor, as President of the Senate, being a Constitutional Officer shall not have 
the right to debate any question or to address the Senate upon any proposition 
unless by permission of the majority of members present, and shall have the right 
to vote only when there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to 
speak in debate or deliver any matter to the Senate, he shall rise from his seat and 
respectfully address the Presiding Officer. No member shall speak further until 
recognized by the Presiding Officer. The Presiding Officer shall recognize the 
first to rise and, when two or more members rise at the same time, the Presiding 
Officer shall name the member to speak. 

(b) A Senator who has the floor may yield the floor to another Senator only 
for the purpose of allowing another Senator to state a question. Only the 
Presiding Officer may award the floor to any Senator. 

(c) A Senator who has obtained the floor may be interrupted only for the 
following reasons: 

1. A request that the member speaking yield for a question, 

2. A point of order, or 

3. A parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be 
used. 

RULE 13. (Reserved for future use). 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak 
on the same reading more than twice on the main question, nor longer than thirty 
minutes for the first speech and fifteen minutes for the second speech. No Senator 
shall speak on the same reading more than once on any motion or appeal, and 
then no longer than ten minutes. 

(b) By permission of the Presiding Officer any member of the Senate may 
address the Senate from the well of the Senate. 

RULE 15. Questions of personal privilege. — Upon recognition by the 
Presiding Officer for that purpose, any Senator may speak to a question of person- 
al privilege for a time not exceeding three minutes. Personal privilege may not be 
used to explain a vote, debate a bill, or in any way disrupt the regular business of 



January 25, 1995 



1995] SENATE JOURNAL 31 

the Senate. Personal privilege shall not be used to solicit support or sponsors for 
any bill. The Presiding Officer shall determine if the question raised is one of 
privilege and shall, without the point of order being raised, enforce this rule. 

RULE 16. (Reserved for future use). 

RULE 17. General decorum. — (a) Male Senators and male visitors shall 
uncover their heads upon entering the Senate Chamber while the Senate is in 
session and shall continue uncovered during their continuance in the Chamber, 
unless one's religion requires his head to be covered. 

(b) No derogatory remark reflecting personally upon any Senator shall be in 
order upon the floor of the Senate unless preceded by a motion or resolution of 
censure. 

(c) When the Presiding Officer is putting a question, or a division by counting 
is in progress, no Senator shall walk out of or across the Chamber, nor when a 
Senator is speaking, pass between him and the Presiding Officer. 

(d) When a motion to adjourn or for recess is affirmatively determined, no 
member or officer shall leave his place until adjournment or recess is declared by 
the Presiding Officer. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or 
organization shall be in order upon the floor of the Senate, unless the remark has 
some relevance to a bill or resolution before the body. No article of any kind 
soliciting business or donations may be placed by any person anywhere in the 
Senate Chamber or in any Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on 
the floor or in the galleries; however, after the Senate has remained in session for 
a period of one hour, food and beverage shall be allowed upon the floor of the 
Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be 
acceptable while the Senate is in session. This rule does not prohibit the use of 
quotations during debate or for personal privilege. 

III. Motions 

RULE 18. Motions generally. — Any motion shall be reduced to writing, if 
requested by the Presiding Officer or a Senator, and read by the Presiding Officer 
or Reading Clerk before the same is debated. Any motion may be withdrawn by 
the introducer at any time before decision or amendment. No motion relating to 
a bill shall be in order which does not identify the bill by its number and short 
title. Except as otherwise specifically provided in these rules, no second is re- 
quired. 

RULE 19. Motion; order of precedence.— When a question is before the 
Senate no motion shall be received except those herein specified, which motions 
shall have precedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 



January 25, 1995 



32 SENATE JOURNAL [Session 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay 
on the table, and to call for the previous question, shall be seconded and decided 
without debate. 

RULE 21. Motions to postpone to certain day and to commit. — The 

respective motions to postpone to a certain day, or to commit to a standing or 
select committee, shall preclude debate on the main question. 

RULE 22. Motion to substitute. — Subject to Rule 19, a member may 
offer a motion to substitute to any motion, except the motions for the previous 
question, to table, or to adjourn. No motion to substitute shall be offered to a 
motion to substitute. 

RULE 23. Motion for previous question. — The previous question shall be 
as follows: 'Shall the main question be now put?' and until it is decided shall 
preclude all amendments and debate. If this question is decided in the affirmative, 
the "main question" shall be on the passage of the bill, resolution, or other matter 
under consideration; but when amendments are pending, the question shall be 
taken upon such amendments in their inverse order, without further debate or 
amendment. No one shall move the previous question except the chairman of the 
committee submitting the report on the bill or other matter under consideration, 
or the member introducing the bill or other matter under consideration, or the 
member in charge of the measure, who shall be designated by the chairman of the 
committee reporting the same to the Senate at the time the bill or other matter 
under consideration is reported to the Senate or taken up for consideration. 

RULE 24. Motion to reconsider. — (a) When a question has been once put 
and decided, any Senator who voted in the majority may move to reconsider the 
vote thereof. No motion for the reconsideration of any vote shall be in order after 
the bill, resolution, or other matter upon which the vote was taken has gone out 
of the possession of the Senate. No motion for reconsideration shall be in order 
unless made on the same day or in the next following legislative day on which the 
vote took place. When the next legislative day has by motion of the Senate been 
restricted as to matters which may be considered, a motion to reconsider shall be 
in order on the next succeeding day upon which regular business is conducted. No 
question shall be reconsidered more than once. 

(b) Notwithstanding subsection (a) of this rule, a motion to reconsider is in 
order at any time if made by the Chairman or, in his absence, the Vice-Chairman 
of the Committee on Rules and Operation of the Senate for the sole purpose of 
correcting grammatical errors in bills in the possession of the Senate. 

IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following 
questions shall be taken on the electronic voting system, and the ayes and noes 
shall be recorded on the Journal: 



January 25, 1995 



1995] SENATE JOURNAL 33 

(1) All questions on which the Constitution of North Carolina requires that 
the ayes and noes be taken and recorded on the Journal; 

(2) All questions on which a call for the ayes and noes under Rule 26(b) 
has been sustained; and 

(3) Second and third readings of bills proposing amendment of the Consti- 
tution of North Carolina. 

(b) Votes on the following questions shall be taken on the electronic voting 
system, and the resulting totals shall be recorded on the Journal: 

(1) Second reading of all public bills, all amendments to public bills offered 
after second reading, third reading if a public bill was amended after 
second reading, and all conference reports on public bills. 

(2) Any other question upon direction of the Presiding Officer or upon 
motion of any Senator supported by one-fifth of the Senators present. 

(c) When the electronic voting system is used, the Presiding Officer shall fix and 
announce the time, not to exceed one minute, which shall be allowed for voting on 
the question before the Senate. The system shall be set to lock automatically and 
to record the vote when that time has expired. Once the system has locked and 
recorded a vote, the vote shall be printed by the system. 

(d) The voting station at each Senator's desk in the Chamber shall be used only 
by the Senator to which the station is assigned. Under no circumstances shall any 
other person vote at a Senator's station. It is a breach of the ethical obligation of 
a Senator either to request that another vote at the requesting Senator's station, or 
to vote at another Senator's station. The Presiding Officer shall enforce this rule 
without exception. 

(e) When the electronic voting system is used, the Presiding Officer shall state 
the question and shall then state substantially the following: 'All in favor vote 

"aye"; all opposed vote "no"; seconds will be allowed for voting on this 

question; the Clerk will record the vote.' After the machine locks and records the 
vote, the Presiding Officer shall announce the vote and declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the 
office of the Principal Clerk, and one copy shall be filed in the Legislative Library 
where it shall be open to public inspection. 

(g) When the Presiding Officer ascertains that the electronic voting system is 
inoperative before a vote is taken or while a vote is being taken on the electronic 
system, he shall announce that fact to the Senate and any partial electronic system 
voting record shall be voided. In such a case, if the Constitution of North 
Carolina or the Rules of the Senate require a call of the ayes and noes, the Clerk 
shall call the roll of the Senate, and the ayes and noes shall be taken manually and 
shall be recorded on the Journal. All other votes shall be taken as prescribed in 
Senate Rule 26. If, after a vote is taken on the electronic system, it is discovered 
that a malfunction caused an error in the electronic system print-out, the Presiding 
Officer shall direct the Reading Clerk and the Principal Clerk to verify and correct 
the print-out record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the 
electronic system (the identification codes having no relation to the order of 
precedence of motions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 



January 25, 1995 



34 SENATE JOURNAL [Session 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 

RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic 
voting system is not used, all votes on which a call of the roll of the Senate is not 
required shall be taken by voice vote. The question shall be put as follows: 
Those in favor say "aye",' and, after the affirmative vote is expressed, 'Opposed 
"no"'; after which the Presiding Officer shall announce the result. If a division on 
any vote is desired, it must be called for immediately before the result of the 
voting is announced on any question, and upon such call, the Presiding Officer 
shall require the members to stand and be counted for and against the proposition 
under consideration. 

(b) The ayes and the noes may be called for on any question before the vote 
is taken. If a Senator desires the ayes and noes recorded on the Journal on a 
question, he shall address the Presiding Officer and obtain recognition and say, 
'Upon that question I call for the ayes and noes.' Whereupon the Presiding 
Officer shall say, 'Is the call sustained?' If one-fifth of the remaining Senators 
present then stand, the vote shall be taken on the electronic voting system if it is 
operative, and the ayes and noes shall be recorded on the Journal. If the electron- 
ic voting system is inoperative, the roll of the Senate shall be called and the ayes 
and noes taken manually and recorded on the Journal. If fewer than one-fifth of 
the Senators present stand to sustain the call, the Presiding Officer shall announce, 
'An insufficient number up' and a vote by electronic voting or by voice, whichever 
is appropriate under the Rules of the Senate, shall be taken. 

RULE 27. Pairs. — (a) If a Senator is paired with another Senator on a 
question, the Senator shall announce the pair as follows: 'Mr. President, I desire 

to announce a pair. If Senator were present, he would vote ; I would 

vote (the opposite).' The Senator shall send forward at that time a written 

statement of the pair on a form provided by the Principal Clerk and neither mem- 
ber of the pair shall vote on the question. A pair shall be announced before the 
vote is taken viva voce, or if the electronic voting system is used, before the ma- 
chine is unlocked. The Clerk shall record the pair on the Journal when the 
Constitution or Rules of the Senate require a call of the roll and shall record on 
the electronic system print-out all pairs announced, 
(b) This rule does not apply to committee or subcommittee proceedings. 

RULE 28. Dividing question. — If any question contains several distinct 
propositions, it shall be divided by the Presiding Officer, at the request of any 
Senator, provided each subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the 
Senate Chamber when the question is stated by the Presiding Officer shall vote 
thereon unless he is excused by the Senate. 



January 25, 1995 



1995] SENATE JOURNAL 35 

(b) A Senator who is a member of a committee shall, upon request, be excused 
from deliberations and voting on the bill while it is before the committee. The 
Senator must make the request to the chair of the committee when the bill is first 
taken up for consideration and before any motion or vote on the bill or any 
amendment to the bill. The Senator making the request for excuse in Committee 
must renew his request for excuse on the floor of the Senate as set forth in this 
rule. 

(c) Any Senator may move to be excused at any time, from voting on any 
matter. The Senator may make a brief statement of the reasons for the motion 
which question shall be taken without debate on the motion. 

(d) The Senator may send forward to the Principal Clerk, on a form provided 
by the Clerk, a concise statement of the reason for the motion, and the Clerk shall 
include this statement in the Journal. 

(e) The Senator so excused shall not debate the bill or any amendment to the 
bill, vote on the bill, offer or vote on any amendment to the bill, or offer or vote 
on any motion concerning the bill at that reading, any subsequent reading, or any 
subsequent consideration of the bill. 

(f) A Senator may move that his excuse from deliberations on a particular bill 
be withdrawn, which question shall be determined without debate. 

(g) A motion to be excused or for the withdrawal of an excuse shall be taken 
without debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on 
any bill by obtaining permission of the Presiding Officer after the final vote is 
taken. No more than three minutes shall be consumed in such explanation. 

V. Committees 

RULE 31. Appointment of committees. — (a) The President Pro Tempore 
of the Senate shall have the exclusive right and authority to appoint the majority 
party's membership of all committees, regular and select, and to appoint committee 
chairmen and vice-chairmen and to establish select committees, but this does not 
exclude the right of the Senate by resolution to establish select committees. The 
minority leader shall have the exclusive right and authority to appoint all minority 
party's members of said committees and appoint the ranking minority member. 
Upon the recommendation of the committee on Rules and Operation of the 
Senate, the Senate may authorize by majority vote of the Senators present and 
voting a change in the number of standing committees. 

(b) The President Pro Tempore and Minority Leader shall designate their party's 
members to all standing committees at the beginning of the session. 

RULE 32. List of standing/select committees. — The standing committees 
shall be: 

Agriculture/Environment/Natural Resources 
Appropriations 

Appropriations on Department of Transportation 

Appropriations on Education/Higher Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 



January 25, 1995 



36 SENATE JOURNAL [Session 

Base Budget 

Children & Human Resources 

Commerce 

Education/Higher Education 

Finance 

Judiciary I/Constitution 

Judiciary II/Election Laws 

Local Government & Regional Affairs 

Pensions & Retirement/Insurance/State Personnel 

Rules and Operation of the Senate 

Transportation 

Ways & Means. 

RULE 33. Notice of committee meetings. — (a) Public notice of all 
committee meetings shall be given in the Senate. The required notice may be 
waived as to any meeting by the attendance at that meeting of all of the members 
of the committee, or by personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the 
sponsor of each bill which is set for hearing or consideration before the committee 
as to the date, time and place of that meeting. 

(c) The published calendar shall reflect those committee notices received in the 
Office of the Principal Clerk prior to 3:30 p.m. or as announced in the daily 
session. 

RULE 34. Membership of committees; quorum. — (a) Membership on 
standing committees shall consist of not more than 20 nor less than 5 Senators, 
including the chairman and vice-chairmen and ranking minority member; provided 
that the Appropriations Committee and Finance Committee shall not be limited as 
to membership. The President Pro Tempore shall have the exclusive right and 
authority to determine the total number of members and the number of members 
of each political party of each committee. No Senator shall hold membership on 
more than 12 standing committees unless the Committee on Rules and Operation 
of the Senate provides otherwise. 

A quorum of the Appropriations, Ways and Means, and Finance Committees 
shall consist of a majority of the committee. A quorum of any other committee 
shall consist of either the chairman and 5 members or a majority of the committee, 
whichever is fewer. 

(b) The President Pro Tempore may serve as an ex officio member of each Senate 
committee and subcommittee. 

RULE 35. Roll call vote in committee. — No roll call vote may be taken in 
any committee. The committee chairman may vote in committee. 

RULE 36. Standing committee and standing subcommittee meetings. — 

No standing committee or standing subcommittee shall hold a secret meeting. All 
meetings of standing committees and standing subcommittees shall be open to the 
public, except as provided in G.S. 143-318.14A(e). In no event shall final action 
be taken by any standing committee or standing subcommittee except in open 
session. 



January 25, 1995 



1995] SENATE JOURNAL 37 

RULE 36.1. Committee minutes to Legislative Library. — The chairman of 
a committee shall insure that written minutes are compiled for each of the commit- 
tee's meetings. The minutes shall indicate the number of members present and the 
actions taken by the committee at the meeting. Not later than 30 days after the 
adjournment of each session of the General Assembly, the chairman shall deliver 
the minutes to the Legislative Library. The President Pro Tempore of the Senate 
may grant a reasonable extension of time for filing said minutes upon application 
of the committee chairman. 

RULE 37. (Reserved for interim operations rule). 

VI. Handling Bills 

RULE 38. Application of rules. — All provisions of these rules applying to 
bills shall apply also to resolutions, memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized 
by the Committee on Rules and Operation of the Senate, bills submitted for 
introduction shall be in a computer-typed form prepared by the Legislative Ser- 
vices Office. When a bill which is introduced is not in the prescribed form, the 
Principal Clerk shall cause the bill to be retyped in the prescribed form, and the 
retyped copy shall become the official copy of the bill for all purposes. The 
original bill shall then be returned to the introducer of the bill and shall not 
become a part of the records or documents of the Senate. 

(b) Whenever a bill is introduced, 25 copies shall be submitted to the Principal 
Clerk. Any bill submitted without the required number of copies shall be immedi- 
ately returned to the introducer. 

RULE 39.1. Public and local bills; availability of copies of bills. — A 

public bill is a bill affecting 15 or more counties. A local bill is one affecting 
fewer than 15 counties. No public bill and, upon objection by a member, no local 
bill may be considered unless copies of the bill have been made available to the 
entire membership of the Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction 
shall contain on the outside cover the title of the document and the name of the 
Senator or Senators presenting it. Bills shall be delivered by the primary sponsor 
of the document or with the prescribed authorization form signed by the primary 
sponsor to the office of the Senate Principal Clerk who shall receive them during 
regular session according to the following schedule: 

Monday until 8:30 o'clock p.m.; 

Tuesday, Wednesday, and Thursday until 
3:00 o'clock p.m.; 

Friday until 2:00 o'clock p.m. 
All bills shall be numbered by the Office of the Principal Clerk when filed and 
shall be considered introduced when presented to the Senate on the next following 
legislative day for the first reading. 

(b) All memorializing, celebration, commendation, and commemoration 
resolutions, except those which solely honor the memory of deceased persons or 
a North Carolina institution, or both, shall be excluded from introduction and 
consideration in the Senate. 



January 25, 1995 



38 SENATE JOURNAL [Session 

RULE 40.1. Deadlines on filing for introduction of bills and resolutions. 

(a) All local bills and resolutions must be filed for introduction not later than 
Wednesday, April 5, 1995; provided that any such measure submitted to the Bill 
Drafting Division of the Legislative Services Office by 3:00 p.m. on that day and 
filed for introduction in the Senate before 3:00 p.m. on Wednesday, April 12, 1995, 
shall be treated as if it had been filed for introduction under this rule. 

(b) All public bills and resolutions, except those honoring the memory of 
deceased persons or adjourning the General Assembly, must be filed for introduc- 
tion not later than Wednesday, April 26, 1995; provided that any such measure 
submitted to the Bill Drafting Division of the Legislative Services Office by 3:00 
p.m. on that day and filed for introduction in the Senate before 3:00 p.m. on 
Wednesday, May 3, 1995, shall be treated as if it had been filed for introduction 
under this rule. 

(c) A two-thirds vote of the membership of the Senate present and voting shall 
be required to file for introduction any bill or resolution after the dates established 
by this rule. 

(d) This rule shall not apply to any appropriations, finance or local bills filed in 
reconvened session following the adjournment of the first year of the biennial 
session. 

RULE 41. Crossover bill deadline. — In order to be eligible for consider- 
ation by the Senate during the 1995 or 1996 Regular Sessions of the 1995 General 
Assembly, all House Bills other than those required to be referred to the 
Committee on Finance by Rule 42, appropriations bills or adjournment resolutions 
must be received and read on the floor of the Senate as a message from the 
House no later than May 11, 1995; provided that a message from the House 
received by the next legislative day stating that a bill has passed its third reading 
and is being engrossed shall comply with the requirements of this rule and 
provided that the House accepts Senate bills ordered engrossed on the next 
legislative day. 

RULE 41.1. Relationship between Ways and Means Committee and other 
committees dealing with money matters; relationship between these other com- 
mittees dealing with money matters. — In those instances specified herein, the 
Committee on Ways and Means shall have responsibility for final consideration of 
bills dealing with money matters before the bills are considered on the floor of the 
Senate. Upon the agreement of a chairman of any two of the following 
committees: Appropriations, Finance, and Ways and Means, any bill which is 
reported favorably from the Committee on Appropriations, or the Committee on 
Finance shall be re-referred by the Presiding Officer to the Committee on Ways 
and Means for consideration. Bills referred to the Committee on Appropriations 
pursuant to Rule 43 may be referred by the Chairman of the Committee on 
Appropriations to the Appropriations Committee on the Department of 
Transportation, the Appropriations Committee on Education, the Appropriations 
Committee on General Government, the Appropriations Committee on Human 
Resources, the Appropriations Committee on Justice and Public Safety, or the 
Appropriations Committee on Natural and Economic Resources for a report back 
to the Committee on Appropriations. 



January 25, 1995 



1995] SENATE JOURNAL 39 

RULE 42. Reference of appropriation and finance bills. — (a) All bills 
introduced in the Senate providing for appropriations from the State, or any subdi- 
vision thereof shall, before being considered by the Senate, be referred to the 
Committee on Appropriations, and bills referred to other committees carrying any 
such provisions shall be reported to the Senate as being bills to be referred to the 
Appropriations Committee before proper action may be taken by the Senate. 

(b) All bills introduced in the Senate providing for bond issues, imposing or 
raising fees or other revenues payable to the State, its agencies, its licensing 
boards, or any of its subdivisions, levying taxes, or in any manner affecting the 
taxing power of the State or any subdivision thereof, shall, before being considered 
by the Senate, be referred to the Committee on Finance, and bills referred to 
other committees carrying any such provisions shall be reported to the Senate as 
being bills to be referred to the Finance Committee before proper action may be 
taken by the Senate. 

(c) This rule shall not apply to bills imposing civil penalties, criminal fines, 
forfeitures, or penalties for infractions. 

RULE 42.1. Fiscal notes. — (a) A chairman of the Appropriations Com- 
mittee, or of the Finance Committee, or of the Rules and Operations of The 
Senate Committee, or of the Ways and Means Committee, upon the floor of the 
Senate, may request that a fiscal analysis be made of a bill, resolution, or an 
amendment to a bill or resolution which is in the possession of the Senate and that 
a fiscal note be attached to the measure, when in the opinion of that chairman the 
fiscal effects of that measure are not apparent from the language of the measure. 
No bill for which a fiscal note has been requested may be considered for passage 
prior to the fiscal note being attached to the bill. 

(b) The fiscal note shall be filed and attached to the bill or amendment within 
two legislative days of the request. If it is impossible to prepare a fiscal note 
within two legislative days, the Director of Fiscal Research shall, in writing, so 
advise the Presiding Officer, the Principal Clerk, and the member introducing or 
proposing the measure and shall indicate the time when the fiscal note will be 
ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form 
approved by the Chairman of the Rules and Operation of The Senate Committee 
as to content and form and signed by the staff member or members preparing it. 
If no estimate in dollars is possible, the fiscal note shall indicate the reasons that 
no estimate is provided. The fiscal note shall not comment on the merit but may 
identity technical problems. The Fiscal Research Division shall make the fiscal 
note available to the membership of the Senate. 

(d) A sponsor of a bill or amendment may deliver a copy of his bill or amend- 
ment to the Fiscal Research Division for the preparation of a fiscal note. The 
sponsor shall attach the fiscal note to the bill when he files the bill or to the 
amendment when he moves its adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who 
objects to the estimates and information provided may reduce to writing his 
objections. These objections shall be appended to the fiscal note attached to the 
bill or amendment and to the copies of the fiscal note available to the 
membership. 



January 25, 1995 



40 SENATE JOURNAL [Session 

(f) Subsection (a) of this rule shall not apply to the current operations appropri- 
ations bill or the capital improvements appropriations bill. This rule shall not 
apply to a bill or amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any 
change in the law relative to any 

1. State, municipal or other retirement system funded in whole or in part 
out of public funds; or 

2. Program of hospital, medical, disability or related benefits provided for 
teachers and State employees, funded in whole or in part by State 
funds, 

shall have attached to it at the time of its consideration by any committee a brief 
explanatory statement or note which shall include a reliable estimate of the finan- 
cial and actuarial effect of the proposed change to that retirement or pension 
system. The actuarial note shall be attached to the jacket of each proposed bill or 
resolution which is reported favorably by any committee, shall be separate there- 
from, and shall be clearly designated as an actuarial note. Upon its introduction, 
a bill described in subsection (a)(1) of this rule shall be referred to the Committee 
on Pensions and Retirement. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, 
with his request for an actuarial note, to the Fiscal Research Division which shall 
prepare the actuarial note as promptly as possible but not later than two weeks 
after the request is made. Actuarial notes shall be prepared in the order of receipt 
of request and shall be transmitted to the sponsor of the measure. The actuarial 
note of the Fiscal Research Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the mea- 
sure to the chief administrative officer of the retirement or pension system affected 
by the measure. The chief administrative officer shall have an actuarial note 
prepared by the system's actuary on the measure and shall transmit the note to the 
sponsor of the measure not later than two weeks after the request is received. The 
actuarial note shall be attached to the jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reliable estimate 
of both the immediate effect and, if determinable, the long range fiscal and 
actuarial effect of the measure. If, after careful investigation, it is determined that 
no dollar estimate is possible, the note shall contain a statement to that effect, 
setting forth the reasons why no dollar estimate can be given. No comment or 
opinion shall be included in the actuarial note with regard to the merits of the 
measure for which the note is prepared. Technical and mechanical defects in the 
measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is 
attached at the time of committee consideration, with any amendment of such 
nature as would substantially affect the cost to or the revenues of any retirement 
or pension system, the chairman of the committee reporting the measure shall 
obtain from the Fiscal Research Division an actuarial note of the fiscal and 
actuarial effect of the proposed amendment. The actuarial note shall be attached 
to the jacket of the measure. An amendment to any bill or resolution shall not be 
in order if the amendment affects the costs to or the revenues of a State- 
administered retirement or pension system, unless the amendment is accompanied 
by an actuarial note, prepared by the Fiscal Research Division, as to the actuarial 
effect of the amendment. 



January 25, 1995 



1995] SENATE JOURNAL 41 

(f) The Fiscal Research Division shall make all relevant actuarial notes available 
to the membership of the Senate. 

RULE 42.3. Assessment reports. — Every legislative proposal introduced in 
the Senate proposing the establishment of an occupational or professional licensing 
board or a study for the need to establish such a board shall have attached to the 
jacket of the original bill at the time of its consideration on second or third read- 
ings by the Senate or by any committee of the Senate prior to a favorable report, 
an assessment report from the Legislative Committee on New Licensing Boards, 
pursuant to Article 18A of Chapter 120 of the General Statutes. The assessment 
report shall not constitute any part of the expression of legislative intent proposed 
by the formation of a licensing board. 

Upon receipt of the request the Legislative Committee on New Licensing Boards 
shall prepare and return the assessment report as soon as possible but not later 
than 60 days, reserving the right to extend this time to 90 days. A supplementary 
report shall be prepared and submitted to the requesting Senator not later than 30 
days after the receipt of the request. 

RULE 42.3A. Proposed increases in incarceration. — (a) Every bill and 
resolution proposing any change in the law that could cause a net increase in the 
length of time for which persons are incarcerated or the number of persons incar- 
cerated, whether by increasing penalties for violating existing laws, by criminalizing 
behavior, or by any other means, shall have attached to it at the time of its 
consideration by the Senate a fiscal note prepared by the Fiscal Research Division. 
The fiscal note shall be prepared in consultation with the Sentencing Policy and 
Advisory Commission and shall identify and estimate, for the first five fiscal years 
the proposed change would be in effect, all costs of the proposed net increase in 
incarceration, including capital outlay costs if the legislation would require in- 
creased cell space. If, after careful investigation, the Fiscal Research Division 
determines that no dollar estimate is possible, the note shall contain a statement to 
that effect, setting forth the reasons why no dollar estimate can be given. No 
comment or opinion shall be included in the fiscal note with regard to the merits 
of the measure for which the note is prepared. However, technical and mechanical 
defects may be noted. 

(b) The sponsor of each bill or resolution to which this subsection applies shall 
present a copy of the bill or resolution with the request for a fiscal note to the 
Fiscal Research Division. Upon receipt of the request and the copy of the bill or 
resolution, the Fiscal Research Division shall prepare the fiscal note as promptly as 
possible. The Fiscal Research Division shall prepare the fiscal note and transmit 
it to the sponsor within two weeks after the request is made, unless the sponsor 
agrees to an extension of time. 

(c) This fiscal note shall be attached to the original of each proposed bill or 
resolution that is reported favorably by any committee, but shall be separate from 
the bill or resolution and shall be clearly designated as a fiscal note. A fiscal note 
attached to a bill or resolution pursuant to this subsection is not a part of the bill 
or resolution and is not an expression of legislative intent proposed by the bill or 
resolution. 

(d) If a committee reports favorably a proposed bill or resolution with an 
amendment that proposes a change in the law that could cause a net increase in 
the length of time for which persons are incarcerated or the number of persons 



January 25, 1995 



42 SENATE JOURNAL [Session 

incarcerated, whether by increasing penalties for violating existing laws, by 
criminalizing behavior, or by any other means, the chair of the committee shall 
obtain from the Fiscal Research Division and attach to the amended bill or 
resolution a fiscal note as provided in this section. 

RULE 42.3B. Local legislation affecting the State Highway System. — A 

local bill affecting the State Highway System shall be referred to the Committee 
on Transportation. 

RULE 42.4. Content of appropriations bills. — (a) No provision changing 
existing law shall be contained in any of the following bills: (1) the Current 
Operations Appropriations Bill; (2) the Capital Improvement Appropriations Bill; 
(3) any bill generally revising appropriations for the second fiscal year of a bien- 
nium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in 
order if the language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed 
in subsection (a) of this section or an amendment to such bill may change existing 
law if the change: 

(1) Alters expenditures or salaries; 

(2) Changes the scope or character of a program which must be reduced, 
increased, or changed because of an increase or decrease of funds 
appropriated for the program or because of changes in federal law or 
regulation; or 

(3) Modifies any function of State government which necessitates a transfer 
of funds from one department to another; 

provided, that for a provision to be in order under this subsection, it must be 
recommended to the General Assembly in a written report adopted by the 
Appropriations Committee before or at the same time the bill is reported, or if 
such provision is contained in a floor amendment, the sponsor of the amendment 
must present to the Principal Clerk at or before the time the amendment is offered 
an explanation of the amendment for distribution to each member of the Senate. 

RULE 42.5. Appropriations Committee meetings. — Notwithstanding the 
provisions of G.S. 143-14, and pursuant to the last sentence thereof, the Appropri- 
ations Chairman may in his or her sole discretion direct that the Appropriations 
Committee or its subcommittees or both may consider the budget and the budget 
plan including all appropriations in separate meetings from the House of Repre- 
sentatives and may do all things set forth in said Statute separately from the House 
of Representatives. 

RULE 43. First reading; reference to committee. — All bills filed for 
introduction and all House bills received in the office of the Principal Clerk not 
later than one and one-half hours preceding the convening of the Senate, upon 
presentation to the Senate, shall be read in regular order of business by their 
number and title which shall constitute the first reading of the bill. The Chairman 
of the Committee on Rules and Operations of the Senate or, in his absence, the 
Vice-Chairman of the Committee shall refer to a Senate committee all bills 
introduced in the Senate or received from the House of Representatives. Upon 
the referral being made, the Chairman of the Committee on Rules and Operations 



January 25, 1995 



1995] SENATE JOURNAL 43 

of the Senate shall notify the Principal Clerk of the Senate of the referral, and the 
Reading Clerk shall announce the referral of the bill. The Principal Clerk shall 
inform the Presiding Officer of the referral. The title and referral shall be entered 
upon the Journal. 

Bills may be referred to more than one committee serially, i.e. 'S.B. is 

referred to the Committee on Finance and upon a favorable report referred to the 
Appropriations Committee.' 

RULE 44. Bills to receive three readings.— Every bill shall receive three 
readings before being passed, and the Presiding Officer shall give notice at each 
reading whether it be the first, second, or third. The Reading Clerk shall an- 
nounce the referral as set forth in Rule 43. No bill shall be amended upon the 
floor of the Senate until it has been twice read. Senate simple resolutions shall 
not require three readings. 

RULE 45. Reports of committees. — Every Senator presenting a report of 
a committee shall endorse the report with the name of the committee and, in case 
of a minority report, with the names of the members making the report. The 
report of the committee shall show that a quorum of the committee was present 
and a majority of those present voted in favor of the report. Every report of the 
committee upon a bill or resolution shall stand upon the general orders with the 
bill or resolution. No committee shall report a bill or resolution without prejudice. 

RULE 45.1. Action on amendment before re-referral. — If any committee 
recommends adoption of an amendment or committee substitute of a bill which, 
under the rules of the Senate is sequentially referred to another committee, the 
amendment or committee substitute shall be considered and, if adopted, the 
amendment or substitute engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee.— (a) All bills reported unfa- 
vorably by the committee to which they were referred, and having no minority 
report, shall lie upon the table, but may be taken from the table, and placed upon 
the calendar by a two-thirds vote of the membership of the Senate present and 
voting. 

(b) When a bill is reported by a committee with an unfavorable report, but 
accompanied by a minority report, signed by at least three members of the 
committee who were present and who voted on the bill when the bill was consid- 
ered in committee, then the minority report shall be placed on the calendar and 
considered the following day, and the question before the Senate shall be 'The 
adoption of the Minority Report.' If the minority report is adopted by a majority 
vote of the membership of the Senate, the bill shall be placed upon the calendar; 
if the minority report is not adopted, the bill shall lie upon the table. 

RULE 47. Recall of bill from committee.— (a) When a bill has been 
introduced and referred to a committee, if after 10 days the committee has failed 
to report thereon, then the introducer of the bill may, after three days' public 
notice given in the Senate and delivered in writing to the chairman of the commit- 
tee, on motion supported by a vote of two-thirds of the membership of the Senate 
present and voting, recall the bill from the committee to the floor of the Senate 
for consideration and such action thereon as a majority of the Senators present 



January 25, 1995 



44 SENATE JOURNAL [Session 

may direct. This rule shall not be temporarily suspended except upon one day's 
notice on the motion given in the Senate and delivered in writing to the chairman 
of the committee and to sustain that motion three-fifths of the membership of the 
Senate shall be required. 

(b) Notwithstanding anything to the contrary, the chairman of a committee to 
which a bill or other matter is assigned may, with the consent of two-thirds of the 
membership of the Senate present and voting, recall the measure to be referred to 
another committee or the floor. 

RULE 48. Calendar; order to be followed. — The Presiding Officer and the 
Principal Clerk of the Senate shall see that all bills are acted upon by the Senate 
in the order in which they stand upon the calendar, unless otherwise ordered as 
hereinafter provided. The published calendar shall include all bills reported 
favorably from committees, or reported with a minority report attached, or placed 
on the calendar on motion: Provided, that the published local calendar may carry 
the number of each bill, the county or counties referred to, and an abbreviated 
statement of the title of the bill. 

RULE 49. (Reserved) 

RULE 50. Third reading requirements. — No bill on its third reading shall 
be acted upon out of the regular order in which it stands on the calendar, and no 
bill shall be acted upon on its third reading the same day on which it passed its 
second reading, unless so ordered by two-thirds of the membership of the Senate 
present and voting. 

RULE 51. Special orders. — Any bill or other matter in consideration be- 
fore the Senate may be made a special order for a subsequent day or hour by a 
vote of the majority of the Senators voting, and if action on the bill is not com- 
pleted on that day, it shall be returned to its place on the calendar, unless it is 
made a special order for another day; and when a special order is under consider- 
ation it shall take precedence over any special order or subsequent order for the 
day, but such subsequent order may be taken up immediately after the previous 
special order has been disposed of. 

RULE 52. Procedure when necessary number of Senators not present. — 

If, on taking the question on a bill, it appears that a constitutional quorum is not 
present, or if the bill requires a vote of a certain proportion of all the Senators to 
pass it, and it appears that such number is not present, the bill shall be again read 
and the question taken thereon; if the bill fails a second time for the want of the 
necessary number being present and voting, the bill shall not be finally lost, but 
shall be returned to the calendar in its proper order. 

RULE 53. Effect of defeated bill.— (a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal 
provisions of its subject matter shall not be embodied in any other measure. Upon 
the point of order being raised and sustained by the Presiding Officer, such mea- 
sure shall be laid upon the table, and shall not be taken therefrom except by a 
vote of two-thirds of the membership of the Senate present and voting: Provided, 
no local bill shall be held by the Presiding Officer as embodying the provisions, or 



January 25, 1995 



1995] SENATE JOURNAL 45 

being identical with any statewide measure which has been laid upon the table or 
failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie 
upon the table, and shall not be taken therefrom except by a vote of two-thirds of 
the membership of the Senate present and voting. 

RULE 54. Taking bill from table. — No bill which has been laid upon the 
table shall be taken therefrom except by a vote of two-thirds of the membership 
of the Senate present and voting. 

RULE 54.1. Bill title.— The title of each bill shall adequately and fairly 
reflect its subject matter. 

RULE 55. Amending titles of bills. — When a bill is materially modified or 
the scope of its application extended or decreased, or if the county, or counties, to 
which it applies is changed, the title of the bill shall be changed by the Senator 
introducing the bill or by the committee having it in charge, or by the Principal 
Clerk, so as to indicate the full purport of the bill as amended and the county or 
counties to which it applies. 

RULE 56. Corrections of typographical errors in bills. — The Enrolling 
Clerk is authorized to make corrections of typographical errors in the text of bills 
at any time prior to ratification. Before the correction is made, the Enrolling 
Clerk shall have the approval of the Chairman of the Committee on Rules and 
Operation of the Senate or, in his absence, the Vice-Chairman of said Committee. 

RULE 56.1. Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has adopted 
an amendment or a committee substitute for a bill originating in the Senate, and 
has returned the bill to the Senate for concurrence in that amendment or commit- 
tee substitute, the Senate may not concur in that amendment or committee substi- 
tute until the next legislative day following the day on which the Senate receives 
that measure. 

(b) The Chairman of the Rules and Operation Committee of the Senate may, 
or upon motion supported by a majority of the Senate present and voting, shall 
refer the bill to an appropriate committee for consideration of the amendment or 
committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether 
the amendment or committee substitute is a material amendment under Article II, 
Section 23, of the State's Constitution. If the measure is referred to committee, 
the committee shall: 

i. Report the bill with the recommendation either that the Senate concur 

or that the Senate do not concur; and 
ii. Advise the Presiding Officer as to whether or not the amendment or 

committee substitute is a material amendment under Article II, Section 

23, of the State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material 
amendment, the question before the Senate shall be concurrence. In the event 
there is more than one House Amendment, the question shall be concurrence in 
all the House amendments and the question may not be divided, notwithstanding 



January 25, 1995 



46 SENATE JOURNAL [Session 

Rule 28. The question which shall be put before the Senate by the Presiding 
Officer shall be: 'Does the Senate concur in the House amendments (Committee 
Substitute) to S.B. ?'. 

(e) If the amendment or committee substitute for a bill is a material amend- 
ment, the receiving of that bill on messages shall constitute first reading and the 
question before the Senate shall be concurrence on second reading. If the motion 
is passed, the question then shall be concurrence on third reading on the next 
legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the 
Senate may be amended by the Senate. 

RULE 57. Conference committee. — Whenever the Senate fails to concur 
in amendments or committee substitutes put by the House to a bill originating in 
the Senate, or whenever the House of Representatives fails to concur in amend- 
ments or committee substitutes put by the Senate to a bill originating in the 
House, a conference committee shall be appointed by the President Pro Tempore of 
the Senate or in his absence the Deputy President Pro Tempore, upon motion, and 
the bill under consideration shall thereupon go to and be considered by the joint 
conferees on the part of the Senate and House of Representatives. Senate 
conferees shall not be less than three nor more than twelve and shall include the 
primary sponsor and the chairman of each committee which considered the bill. In 
considering matters in difference between the Senate and House committed to the 
conferees, only such matters as are in difference between the two houses shall be 
considered by the conferees, and the conference report shall deal only with such 
matters. In conference committee, the Senate's position shall be determined by a 
majority of the Senate conferees. The conference report shall not be amended. 

RULE 57.1. Germaneness of amendment. — All amendments and commit- 
tee substitutes shall be germane to the original subject matter of the bill. The 
question of germaneness is in order at any time the measure is before the body 
prior to final action on the measure. 

RULE 58. Certification of passage of bills. — The Principal Clerk shall 
certify the passage of bills by the Senate, with the date thereof, together with the 
fact whether passed by vote of three-fifths or two-thirds of the membership of the 
Senate present and voting, whenever such vote may be required by the Constitu- 
tion or laws of the State. 

RULE 59. Transmittal of bills to House.— No bill shall be sent from the 
Senate on the day of its passage except on the last day of the session, unless 
otherwise ordered by a vote of two-thirds of the membership of the Senate 
present and voting. 

RULE 59.1. Engrossment. — Bills and resolutions, except those making 
appropriations, which originate in the Senate and which are amended shall be 
engrossed before being sent to the House. 

VII. Legislative Officers and Employees 

RULE 60. Pages.— (a) The President Pro Tempore of the Senate shall 
appoint pages. The President Pro Tempore, or such person as he may designate, 



January 25, 1995 



1995] SENATE JOURNAL 47 

shall supervise the pages and assign to them their duties. Each page shall be at 
least 14 years of age. 

(b) Members may designate honorary pages by a statement delivered to the 
Principal Clerk who will have a certificate issued therefor. 

RULE 61. Sergeants-at-Arms. — (a) There shall be 15 positions of Assis- 
tant Sergeants-at-Arms to be appointed, upon the recommendation of the Presi- 
dent Pro Tempore, by the Sergeant-at-Arms who are to work under his or her 
supervision and to be assigned such duties and powers as he or she shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members 
and employees of the Senate while in the Senate Chamber, or any place in which 
the Senate or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by 
orders of the Senate and signed by the Presiding Officer of the Senate, and said 
warrants and subpoenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff.— The Principal Clerk of the Senate 
shall employ all necessary employees and clerks required to carry out the duties of 
his or her office. The Principal Clerk shall have supervision and control, and shall 
assign such duties and powers as he or she shall direct to his or her employees and 
clerks. 

RULE 63. Committee clerks and secretaries.— (a) Each committee shall 
have a clerk. The clerk to a committee shall serve as secretary to the chairman of 
that committee. 

(b) Each member shall be assigned a secretary, unless he or she has a com- 
mittee clerk to serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the 
individual member. Such clerks and secretaries shall file initial applications for 
employment with the Supervisor of Clerks and shall receive compensation as 
prescribed by the Legislative Services Commission. The employment period of 
clerks and secretaries shall comply with the period as established by the Legislative 
Services Commission unless employment for an extended period is approved by the 
President Pro Tempore. The clerks and secretaries shall adhere to such uniform 
regulations and other conditions of employment (including retention) under the 
direction of the Supervisor of Clerks as the Committee on Rules and Operation of 
the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the 
President Pro Tempore of the Senate. 

RULE 64. Senate Journal. — The Principal Clerk shall prepare and be 
responsible for the Journal. The President Pro Tempore or, in his absence, the 
Deputy President Pro Tempore shall examine the Journal to determine if the 
proceedings of the previous day have been correctly recorded. 

RULE 65. Deputy President Pro Tempore. — The Senate shall elect a Dep- 
uty President Pro Tempore. The Deputy President Pro Tempore shall become the 
President Pro Tempore upon the death, resignation or removal from office of the 
President Pro Tempore. 



January 25, 1995 



48 SENATE JOURNAL [Session 

VIII. General Rules 

RULE 66. President to sign papers. — All acts, addresses and resolutions, 
and all warrants and subpoenas issued by order of the Senate shall be signed by 
the President or by the President Pro Tempore presiding in his absence. 

RULE 67. Admission to the floor of the Senate. — No person except mem- 
bers of the Senate, members of the House of Representatives, staff of the General 
Assembly; staff of the Lieutenant Governor; Judges of the Supreme Court, Court 
of Appeals, and Superior Courts; the Governor and members of the Council of 
State; former members of the General Assembly; and persons particularly invited 
and extended the privileges of the floor by the Presiding Officer shall be admitted 
to the floor of the Senate during its session. Notwithstanding any other provision 
of these rules, no registered lobbyist shall be admitted to the floor of the Senate 
or Senate Chamber while the Senate is in session. When the Senate is not in daily 
session, the President Pro Tempore shall determine the privileges of the floor. 

RULE 67A. Restricted admission to the floor of the Senate prior to the 
daily session. — No person, except members of the Senate; members of the House 
of Representatives; staff of the General Assembly; the staff of the Lieutenant 
Governor; Judges of the Supreme Court, Court of Appeals, and Superior Courts; 
the Governor and members of the Council of State; former members of the 
General Assembly; and persons particularly invited and extended the privileges of 
the floor by a member of the Senate or the Presiding Officer, shall be admitted to 
or remain on the floor of the Senate within 15 minutes prior to the Senate's 
scheduled daily session. Notwithstanding any other provision of this rule, no regis- 
tered lobbyist shall be admitted to or remain on the floor of the Senate within 15 
minutes prior to the Senate's scheduled daily session. 

RULE 67.1. Recognition for extending courtesies. — (a) Courtesies of the 
floor and galleries shall be extended only by the Presiding Officer on his own 
motion or upon the written request of a member of the Senate to former members 
of the General Assembly or to distinguished visitors. 

(b) The Presiding Officer, upon written request at intervals between various 
orders of business, may extend courtesies to schools or other special large groups 
visiting in the galleries while they are present, and the Presiding Officer shall, at 
such times as he deems appropriate, express to those visitors in the galleries the 
pleasure of the Senate for their presence. 

RULE 68. Privileges of the floor. — Any group or individual other than 
members of the Senate who desires to make remarks upon the floor of the Senate 
will first obtain approval of the President Pro Tempore or, in his absence, the 
Deputy President Pro Tempore of the Senate. 

RULE 69. News media. — The President is authorized to assign area and 
equipment on the floor of the Senate for the use of the representatives of news 
media; and the President shall provide regulations for the operation of the repre- 
sentatives of the news media on the floor of the Senate. 

RULE 70. Absence without leave. — No Senator or officer of the Senate 
shall depart the service of the Senate without leave, or receive pay as a Senator or 
officer for the time he is absent without leave. 



January 25, 1995 



1995] SENATE JOURNAL 49 

RULE 71. Placing material on Senators 9 desks. — Any person other than 
a member of the Senate desiring to place articles of any kind on or about desks 
in the Senate Chamber or in the offices of the members of the Senate shall make 
written application to, and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore 
of the Senate shall assign seats in the Senate Chamber to the members elected. 
In making such assignments, each member elected to the immediate preceding 
session of the Senate shall be entitled to the seat occupied by him or to his 
selection of any other seat vacated. The President Pro Tempore, when assigning 
seats, shall give preferential consideration to the respective members according to 
the length of service which each member has rendered in the Senate. No 
incumbent appointed to fill an unexpired term in the immediate preceding session 
shall retain the seat if requested by a Senator elected to said session. 

(b) Not later than two weeks after the initial committee assignments become 
final, the President Pro Tempore of the Senate is authorized to make assignments 
of committee rooms and offices to designated committees, chairmen, and members 
of the Senate. In making such assignments of individual offices, the President Pro 
Tempore may give preferential consideration to the respective members according 
to the length of service which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate em- 
ployees. — All administrative rules, regulations and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the 
Principal Clerk and the Sergeant-at-Arms, shall be first approved by the Commit- 
tee on Rules and Operation of the Senate. 

RULE 74. Public hearings. — Any Senator may request in writing a public 
hearing on a public bill. Requests may be granted in the discretion of the Chair- 
man. Notice shall be given not less than five calendar days prior to public hear- 
ings. Such notices shall be issued as information for the press and the information 
shall be posted in the places designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements. — Persons desiring 
to appear and be heard at a public hearing are encouraged to file with the chair- 
man of the committee a brief or a written statement of the remarks to be made at 
least 24 hours before the time of the hearing. 

RULE 76. Voting in joint sessions. — When any Senate Committee sits 
jointly with the House Committee, the Senate Committee reserves the right to vote 
separately from the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These 
rules may not be permanently rescinded or altered except by Senate simple 
resolution passed by a two-thirds vote of the membership of the Senate. The 
introducer of the resolution must, on the floor of the Senate, give notice of his 
intent to introduce the resolution on the legislative day preceding its introduction, 
(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of 
the membership of the Senate present and voting, may temporarily suspend any of 
these rules. 



January 25, 1995 



50 SENATE JOURNAL [Session 

Sec. 2. This resolution is effective upon adoption. 

ELECTION OF OFFICER ESTABLISHED BY RULES 

Pursuant to Rule 65, the President declares the floor open to receive nomina- 
tions for Deputy President Pro Tempore and recognizes Senator Parnell of 
Robeson, who offers the following remarks: 

"Mr. President, President Pro Tempore Basnight, Members of this North Carolina 
Senate, and Members of the Judiciary who are still here, and friends and families 
who are still here, I'm honored to have been asked to bring to you the nomination 
for the next Deputy President Pro Tempore of the North Carolina Senate, the most 
distinguished Senator from Columbus County, Senator R. C. Soles. Senator Soles 
was born and grew up in the small town of Tabor City in Columbus County. He 
attended the public schools there, and upon graduation from high school, attended 
and graduated from Wake Forest University. He attended Law School at the 
University of North Carolina at Chapel Hill and upon receipt of his law degree, 
returned to his home town of Tabor City and established a very successful law 
practice. 

"R. C. Soles has been elected to fourteen consecutive terms in the North 
Carolina General Assembly — four terms in the House of Representatives and ten 
terms as a Member of this Body. R. C. was elected to the House of Representa- 
tives in 1968 and was the youngest member of that Body at that time, and after 
serving four terms in the House, he was elected in 1976 to the North Carolina 
Senate. He has served with distinction in this Body, and during his tenure, he has 
served as chairman of some of its most important committees. 

"In 1993, the Senate elected R. C. to serve as Deputy President Pro Tempore, 
succeeding one of North Carolina's great legislative leaders, the Honorable 
Kenneth Royall. R. C. Soles has proven to the members of this Body that he is 
eminently qualified for the office of Deputy President Pro Tempore of this Senate. 
He is a person of high intellect, great integrity, and strong loyalties, all of which 
are qualities so important for a position of trust. He will be a strong right arm of 
our President Pro Tempore. Senator Soles has done his job well, many times his 
duties being simply to serve as advisor to our great leader, Marc Basnight, on most 
occasions, on a one-on-one basis, without public recognition. He has done that 
on every occasion that he has been called upon. 

"Mr. President, Members of this Senate, I know of no one that is more qualified 
or is held in higher regard in this Body than is R. C. Soles. And Mr. President 
and Members of the Senate, it is my very great honor and personal privilege to 
nominate the Honorable R. C. Soles for the position of Deputy President Pro 
Tempore of the North Carolina Senate, and I ask your support for his election to 
this most important position. Thank you, Mr. President." 

The Chair recognizes Senator Perdue who offers the following remarks: 

"Mr. President and Members of the Senate, it's my privilege this afternoon to 
rise to second the nomination of R. C. Soles as Deputy Pro Tern of the North 
Carolina Senate. R. C. is a very special man. He's quiet and thoughtful, I just 
found out that you are pretty mean in your committee, R. C. I remember you did 
that to me once. You're a leader who we often don't see out front receiving the 
accolades and the honors and the tributes. You're the kind of guy who gets things 



January 25, 1995 



1995] SENATE JOURNAL 51 

done by setting a goal and being very thoughtful and methodical, putting your plan 
into place and then winning time after time. A very, very successful attorney, a 
community leader that everybody all over North Carolina knows, an outstanding 
and very successful business man. You are certainly a man that I have come to 
admire and to respect during my two terms in the Senate. But for all of us here 
in the Senate this afternoon, the reason that I believe we should have you as our 
Deputy Pro Tern is a simple one. You've got what I like to tell my two boys is 
really important in life. You've got that thing we know as character. You can take 
R. C. Soles' word to the bank. He'll walk the very last mile for you if you ask him 
to, and he'll live and die for North Carolina. I'm proud to second your 
nomination. 

The Chair recognizes Senator Ballance who offers the following remarks: 

"Mr. President, Senator R. C. Soles is well known by most of us in this Body. 
He is highly respected and I am not going to go back over the various accolades 
that have already been pointed out. I would simply call a few adjectives, words. 
He's a gentleman, and in 1995 that's a pretty big word to use. He's a scholar, a 
man of keen mind and deep intellect. Beyond that, R. C. Soles has what's lacking 
in a lot of people. He has compassion. He's a dedicated Democrat. And the last 
two words I'll use in describing this gentleman, one is the word, fairness; he be- 
lieves deeply in that. And the other is the word, competent. I know a lot of 
lawyers in this great State. Senator Basnight, if I ever got in trouble again, I'd 
want to have R. C. Soles on my team. He's a good lawyer. He will, pursuant to 
Rule 65, he will be an outstanding, again, Deputy President Pro Tempore of this 
Senate Body, and I would urge and encourage your support of Senator Soles. 

"And if I'm in order, Mr. President, I'd like to move at this time that the 
nominations be closed and that Senator Soles be elected by acclamation." 

The Chair recognizes Senator Cochrane who offers the following remarks: 

"Mr. President, I'd like to second that motion. As a matter of fact, an intention 
was on our part to move that he be accepted unanimously by this Body. Thank 
you." 

The Chair declares Senator R. C. Soles, Jr. elected Deputy President Pro Tem- 
pore and appoints Senator Parnell of Robeson and Senator Perdue of Craven to 
escort the Deputy President Pro Tempore-clect to the Well of the Senate. Senator 
Parnell presents Senator Soles to the President. The Honorable D. Jack Hook, Jr., 
Senior Resident Judge of the Thirteenth Judicial District of the Superior Court 
Division of the General Court of Justice of North Carolina administers the 
prescribed oath of office. 

The President recognizes Senator Soles who offers the following remarks: 

"Thank you, very much. Mr. President, Mr. President Pro Tempore, Members of 
the Judiciary, Senators, distinguished guests, ladies and gentlemen. First, I want to 
express my most sincere appreciation to the ladies and gentlemen of the Senate 
who have given me this high honor to serve another term as the Deputy President 
Pro Tempore of the Senate. I want to thank Senator Parnell for nominating me, 
and Senators Ballance and Perdue for their kind remarks as they seconded the 
nomination. To Senators Parnell, Speed, Jordan and Simpson, my deep 
appreciation for honoring me by serving as my escort. 



January 25, 1995 



52 SENATE JOURNAL [Session 

"I want to thank Judge Hooks, the Resident Superior Court Judge of the 
Thirteenth Judicial District, where I happened to practice law, for administering 
my oath of office. You know, as we go about our duties here in the capital city, 
we often come in contact with members of the judiciary, but it's always the Su- 
preme Court and the Court of Appeals. Rarely do we see members of the trial 
branch; that is, the Superior Court or the District Court. By having both the 
appellate and the trial benches represented here today, we recognize the impor- 
tance and the dedicated work which is performed by all of our judges and court 
personnel throughout North Carolina. 

"To my legislative assistant, Ms. Janet Puryear, I wish to acknowledge and thank 
her twenty years of loyal service and dedicated friendship. You know times have 
changed. We've said that many times today, but as I stand here and look into the 
faces of the Members of the Senate, I see North Carolinians who have been 
selected by those who know them best to speak for them here in the North Caroli- 
na Senate. We have all the same goal, and that is to work together for what is in 
the best interest of North Carolina and all of her people. It is true that we may 
seek those goals along different roadways, or by different methods. But ultimately 
our joint goal is, and should be, what is in the best interest and what is for the 
well-being of our great State. 

"Recently Senator Rand and I had an opportunity to attend the dedication 
ceremonies at Methodist College in Cumberland County for the Lura Tally Insti- 
tute of Leadership Development which was established there. That was an exciting 
time, and it was exciting to hear about a four-year college program that is going 
to place emphasis on developing new leaders. Among the distinguished Senators, 
not as Senators, but among the distinguished leaders and citizens who were there 
and spoke at that dedication ceremony, was Mr. Roy Parker, who is the Editor 
Emeritus of the Federal Times, and he made a point which I feel is worthy of 
repeating here as we begin our duties of this, the first legislative day of this new 
Session. Mr. Parker said that we, as leaders, should grow rather than swell. As 
he said that, he looked at Senator Rand and me. I thought he was looking at 
Senator Rand, but he may have been looking at me, also. (Laughter) I think his 
message is one we should all seriously consider and remember as we work here in 
the General Assembly. Remember that we are recognized as leaders and that we 
should always strive to grow and to do what is right at all costs and to avoid 
swelling. 

"I thank you again for the honor you have given me. I look forward to working 
with you. My office is always open. Please do not hesitate to call on me. Thank 
you very much." 

ELECTION OF STATUTORY OFFICERS 

Pursuant to G.S. 120.37, the President declares the floor open to receive 
nominations for the Office of Principal Clerk. 

The President recognizes Senator Kerr of Wayne, who offers the following 
remarks: 

"Thank you, Mr. President, Fellow Members of the Senate. It's a distinct honor 
for me to nominate for the Office of Principal Clerk, probably one of the more 
important offices that we've elected here, our friend, Sylvia Morris Fink. Ms. Fink 



January 25, 1995 



1995] SENATE JOURNAL 53 

is a native of Charlotte, a graduate of Pfeiffer College. She served and held this 
Office in a fair manner for almost twenty years. She served under five Lieutenant 
Governors and five Pro Terns of this Body. She is a leader in her church, in her 
community, in her organization. She also knows the rules. She has a very, very 
excellent staff, and I commend this lady to you to serve again as Principal Clerk, 
Sylvia Fink." 

The President recognizes Senator Lucas of Durham who seconds the nomination 
of Sylvia Morris Fink for Office of Principal Clerk and offers the following re- 
marks: 

"I rise to second the nomination of Ms. Sylvia Fink as Principal Clerk, and to 
make a motion." 

"Someone asked what makes a person excellent in his or her job. Ms. Fink is 
not just good, she's not just average, but she's excellent. Many Americans say that 
they like to see the following C's in a person — character, compassion, caring, cour- 
age, and competence. Over the years, our Senate Chamber has been served by 
proven outstanding competence, a high level of knowledge and accuracy. So, Mr. 
President, at this time, if I'm in order, I move that the nominations be closed and 
that Ms. Sylvia Fink be elected by acclamation as our Principal Clerk." 

The motion offered by Senator Lucas that the nominations be closed and that 
Sylvia Morris Fink be elected Principal Clerk of the 1995 Senate by acclamation 
prevails. 

The President declares Sylvia Morris Fink duly elected and appoints Senator 
Conder of Richmond and Senator Cochrane of Davie to escort the Principal 
Clerk-elect of the 1995 Senate to the dais. Senator Conder of Richmond address- 
es the Chair and presents the Principal Clerk-elect, Sylvia Morris Fink. The 
Honorable Dennis A. Wicker, Lieutenant Governor of the State of North Carolina 
administers the prescribed oath of office and directs the Principal Clerk to assume 
her seat. 

The President declares the floor open to receive nominations for the Office of 
Reading Clerk. 

The President recognizes Senator Sherron of Wake, who offers the following 
remarks: 

"Ladies and Gentlemen of the Senate, I'm going to make this brief. It's late, 
plus I've got a hoarseness in my throat. LeRoy Clark is the Reading Clerk and 
has been for some twenty-four years here. LeRoy is one of my constituents. He 
resides down in Wendell. LeRoy, most of his life has been involved in the tobacco 
business. As I was saying, LeRoy has spent most of his life in the tobacco busi- 
ness, and one thing about that business that he experienced was being a tobacco 
auctioneer. And by having the ability to speak fast and distinctly certainly qualifies 
LeRoy for being our Reading Clerk. In fact, I would suspect that LeRoy would 
rate probably one of the best in the United States. I could say a lot about LeRoy, 
but I want you all to know that LeRoy is a great Democrat, he's a great friend of 
mine, and I'm sure that all of you will be well satisfied with his duties as Reading 
Clerk. Thank you." 



January 25, 1995 



54 SENATE JOURNAL [Session 

The Chair recognizes Senator Cooper of Nash who seconds the nomination and 
offers the following remarks: 

"Thank you, Mr. President. It is important that we elect a Reading Clerk with 
a silver tongue, sense of humor, a strong, clear voice, a complete knowledge of 
procedure, a deep pride in tobacco, and a little chin of hair doesn't hurt either. 
LeRoy Clark possesses all of these traits and more. As the saying goes, what is 
tried and true should be kept in place. LeRoy Clark has a long list of accomplish- 
ments in the areas of business, civic work, and family. He has served this Body 
and the State of North Carolina well for many years. We should keep him. 
Therefore, I proudly second the nomination of LeRoy Clark, Jr. to the Office of 
Reading Clerk, and I move that the nominations be closed and that he be elected 
by acclamation." 

The motion offered by Senator Cooper of Nash that the nominations be closed 
and that LeRoy Clark, Jr. be elected Reading Clerk by acclamation prevails. 

The President declares LeRoy Clark, Jr., unanimously elected, and appoints 
Senator Speed of Franklin and Senator Simpson of Burke to escort the Reading 
Clerk-elect of the 1995 Senate to the Well of the Senate. Senator Speed of 
Franklin addresses the Chair and presents the Reading Clerk-elect, LeRoy Clark, 
Jr. The Honorable Willis P. Whichard, Associate Justice of the Supreme Court of 
North Carolina, administers the prescribed oath of office, and the President directs 
the Reading Clerk to assume his seat. 

The President declares the floor open to receive nominations for the office of 
Sergeant-at-Arms. 

The President recognizes Senator Edwards of Cumberland who offers the follow- 
ing remarks: 

"Members of the Senate, President Pro Tern, and the Judiciary. I apologize, first 
of all, for getting up too early. I suppose this time of day it's past my mealtime 
and I was trying to get out. But I am happy to place in nomination a man who 
has served us well for the past two years as Sergeant-at-Arms. He came to us 
well prepared at that time, and has done a very good job for us, having served 
with the U. S. Department of Justice in the area of criminal investigator, in the 
U. S. Marshal Service as an inspector, as Deputy U. S. Marshal, and retired after 
twenty-five years of service. He is well qualified for the position, having been 
educated at one of our State universities, North Carolina State A&T, served in the 
military, and is a strong family man. And I'm happy to place his name in nomina- 
tion." 

The President recognizes Senator Plyler of Union who seconds the nomination 
and offers the following remarks: 

"Mr. President, I'd like to second the nomination of Cecil Goins. Mr. President 
and ladies and gentlemen of the Senate, I've known Cecil for a good long while 
before he was Sergeant-at-Arms here on this floor and in this Building two years 
ago. Cecil Goins is a person that you can feel comfortable around because he will 
certainly see that he executes the duties of his Office in the way that will make all 
of us here safe. Cecil has been in various areas of protection, as Senator Edwards 



January 25, 1995 



1995] SENATE JOURNAL 55 

has mentioned, over the many years, and of course he can tell you some real 
experiences in some of the things that he's had to do with those duties. But, Mr. 
President and ladies and gentlemen of the Senate, it is an honor for me to second 
the nomination of Sergeant-at-Arms Cecil Goins, and I would like to move that 
the nominations be closed and that Mr. Goins be elected by acclamation." 

The motion offered by Senator Plyler that the nominations be closed and Cecil 
Goins be elected Sergeant-at-Arms by acclamation prevails. 

The President declares Cecil Goins unanimously elected and appoints Senator 
Rand of Cumberland and Senator Hobbs of Moore to escort the Sergeant-at- 
Arms-elect to the Well of the Senate. Senator Rand of Cumberland addresses the 
Chair and presents the Sergeant-at-Arms-elect, Cecil Goins. The Honorable 
Burley B. Mitchell, Jr., Chief Justice of the Supreme Court of North Carolina, 
administers the prescribed oath of office. The President directs the Sergeant-at- 
Arms to assume his seat. 

The Chair recognizes Senator Conder of Richmond, Senate Majority Leader, 
who offers the following remarks: 

"Thank you, Mr. President, and ladies and gentlemen. Let me say that this has 
been a long day. For some of you it may have been a trying day. But let me say 
to you right now, that this is going to be a great Session. I think you probably 
have seen the worst of anything you might expect because I promise you that 
anything that needs to be done, we'll work with you to help you do it. I'm 
satisfied that the remarks I made earlier about the track record of Senator 
Basnight will probably be as strong, if not stronger, tomorrow. I feel very good 
about what's going on and what's happening. I hope this is going to be a hard- 
working Session, but I hope it's also going to be a fun Session. I think we're going 
to have a good time and we're going to work hard, but you're going to be in for 
a ride and see some things happening in this General Assembly, this Senate, that's 
never happened before in the State of North Carolina. And that's what I meant 
earlier by there'll be a lot of new firsts happening in the State of North Carolina. 

"One in particular, Senator Basnight assigned Senator Cochrane and myself the 
responsibility of assigning seats. If you notice, for the first time ever, there are 
four Republicans sitting here in the middle aisle. If there'd not been a spirit of 
cooperation, they could have been somewhere else. Senator Cochrane and I 
worked very hard to work this out. Had a chain of events not happened, there'd 
have been another one sitting right here where Senator Edwards is right now, Seat 
Number 20. So, you see what we've done, and I was real pleased when we 
concluded our work and Betsy looked at me and she says, 'Richard, I didn't get my 
first choice, but I got my second choice.' So I promise you folks that it's going to 
be a great Session and we're going to work well with you, and I wish you well. 
And, seriously, if I can help any of you at any time, if you've got any problems, 
we're not here to be in an adversarial role, we want to do something that's good 
for the State of North Carolina, and together, we'll do it. 

"And I will just close in saying that all's well that ends well, and the proof is in 
the pudding." 

The Chair recognizes Senator Ballance of Warren, Senate Majority Whip, who 
offers the following remarks: 



January 25, 1995 



56 SENATE JOURNAL [Session 

"Mr. President, thank you so kindly. Senator Basnight, to all of our Senators, 
those who are returning and those who are new, I look forward to working with 
you. Thank you very much. 

The Chair recognizes Senator Cochrane of Davie, Senate Minority Leader, who 
offers the following remarks: 

"Thank you, Mr. President. This has been a baptism by fire for me, but I want 
to tell you this lady is going to weather it just fine. I am proud of my delegation 
and the job they have done today. Now, all of that aside. There is something 
much more important, and that is to be a part of this Body, this Senate Body. 
And we are, and we intend to work together harmoniously when we are allowed 
to, and cooperatively when we are allowed to. And we certainly will be there 
doing for our people, for all the people of this State, to the very best of our 
ability, to which we were elected. Thank you." 

The Chair recognizes Senator Allran of Catawba, Senate Minority Whip, who 
offers the following remarks: 

"Thank you, Mr. President, and ladies and gentlemen of the Senate. I would 
just like to say that it certainly is a privilege and an honor for me to serve as the 
Minority Whip. This is the finest group of Republican freshmen I have ever 
served with, and this is my eighth term. They have honored me with letting me 
serve them in this capacity, and as for all the other Members of the Senate, I look 
out and see faces that I know and appreciate very much; and I certainly look 
forward to working with all of you in every way possible. Thank you." 

COURTESIES OF THE FLOOR 

The President recognizes and extends privileges of the floor to former Governor 
James Holshouser. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
January 25, 1995 

Mr. President: 

It is ordered that a message be sent to the Senate informing your Honorable 
Body that the House of Representatives is organized and is now ready to proceed 
with the public business and has elected the following officers: 

Speaker: Harold J. Brubaker 

Speaker Pro Tempore: Carolyn B. Russell 

Principal Clerk: Denise G. Weeks 

and pursuant to House Rule 45(c), the Speaker has appointed: 

Reading Clerk: Joan N. Danieley 

Sergeant at Arms: Clyde Cook, Jr. 



January 25, 1995 



1995] SENATE JOURNAL 57 

Further be advised that the House has been notified of the election of the 
following party officers: 

Majority Leader: Leo Daughtry 

Majority Whip: Robert C. Hayes 

Joint Caucus Leader: C. Robert Brawley 

Minority Leader: James B. Black 

Minority Whips: W. Pete Cunningham 

E. David Redwine 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Soles offers a motion to suspend Rule 40 to allow the introduction of 
the following joint resolution, which motion prevails by a two-thirds majority vote: 

By Senator Soles: 

S J.R. 2, a joint resolution informing his Excellency, Governor James B. Hunt, 
Jr., that the General Assembly is organized and ready to proceed with public 
business and inviting the Governor to address a joint session of the Senate and 
House of Representatives. 

On motion of Senator Soles, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. The joint resolution passes 
its second (39-1) and third readings and is ordered sent to the House of Represen- 
tatives by special messenger. 

RECONSIDERATION 

Senator Rand offers a motion to reconsider the vote by which Senator Basnight 
was elected President Pro Tempore of the Senate and further that that motion do 
lie upon the table, which motions prevail (28-13). 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 321, Section 284, of the 1993 Session Laws, the Governor's 
Commission on Reduction of Infant Mortality submits a report entitled "Health 
Status of New and Expectant Mothers and Children in North Carolina." 

Pursuant to Chapter 743, of the al993 Session Laws, the North Carolina 
Department of Human Resources submits the Progress Report on Steering Team 
for Domiciliary Care. 

Pursuant to G.S. 113A-88(d), the North Carolina Department of Environment, 
Health and Natural Resources submits the 1993-94 Annual Report on State Trails 
System. 



January 25, 1995 



58 SENATE JOURNAL [Session 

Pursuant to Chapter 561, Section 107 and Chapter 769, Section 41 of the 1993 
Session Laws, the North Carolina Department of Environment, Health and Natural 
Resources submits the Quarterly Report on Water Resources Development 
Projects. 

Pursuant to Chapter 738 of the 1989 Session Laws, the North Carolina 
Department of Crime Control and Public Safety submits the "1995 Drug Control 
and System Improvement Strategies." 

Pursuant to Chapter 542, Section 5(b) of the 1993 Session Laws, the North 
Carolina System of Community Colleges submits the Quarterly Report of Bond 
Fund Expenditures. 

Pursuant to Chapter 689, Section 239(h) of the 1991 Session Laws, the North 
Carolina Department of Human Resources, Division of Youth Services submits the 
Prison Bond Quarterly Report. 

Pursuant to G.S. 120-30.17(9), the North Carolina Medical Care Commission 
submits the Emergency Prehospital Cardiac Care and Recovery Care/Ambulatory 
Surgical Centers report. 

Pursuant to Chapter 769, Section 21 of the 1993 Session Laws, the North 
Carolina Department of Administration, Division of Purchase and Contract submits 
Correction Enterprises Report of Sales for FY 1994 to State Agencies and 
Departments. 

Pursuant to Chapter 542, Section 14 of the 1993 Session Laws, the North 
Carolina Department of Environment, Health and Natural Resources submits the 
Minority Business Report for Wastewater Projects Funded by Clean Water Bonds. 

Pursuant to Chapter 769, Section 27.2 of the 1993 Session Laws, the North 
Carolina Wildlife Resources Commission submits the Fiscal Report on the Condi- 
tion of the Wildlife Fund. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the 1993 General 
Assembly (See Appendix) are presented to the Senate, read, and referred to Rules 
and Operation of the Senate Committee as follows: 

Executive Order Number 54, To Create the North Carolina Health Care 
Information and Communications Alliance. 

Executive Order Number 55, North Carolina — Head Start Collaboration Proj- 
ect Advisory Council. 

Executive Order Number 56, Governor's Task Force on Health Objectives for 
the Year 2000. 

Executive Order Number 57, Georgia Emergency Flood Relief. 

Executive Order Number 58, Public Greenways Across State Lands. 

Executive Order Number 59, Governor's Task Force on Driving While Impaired. 



January 25, 1995 



1995] SENATE JOURNAL 59 

Executive Order Number 60, North Carolina State Defense Militia. 

Executive Order Number 61, Amending Executive Order 17, the North Carolina 
Emergency Response Commission. 

Executive Order Number 62, Escorts for Foreign Research Reactor Spent 
Nuclear Fuel. 

Executive Order Number 63, Establishing the North Carolina Alliance for 
Competitive Technologies (NCACTS). 

Executive Order Number 64, Amending Executive Order Number 32 
Concerning the Governor's Advisory Commission on Military Affairs. 

Executive Order Number 65, Amending Executive Order Number 21, the Local 
Government Partnership Council. 

Executive Order Number 66, Statewide Flexible Benefits Program. 

Executive Order Number 67, Extension of Executive Order No. 1, North 
Carolina Board of Ethics. 

Executive Order Number 68, Establishing the North Carolina Information 
Highway Council of Advisors and the North Carolina Information Highway Policy 
Committee. 

RESOLUTION FROM ANOTHER STATE 

The following resolution received August 2, 1994, from another Legislative Body 
is presented to the Senate and is ordered filed in the Office of the Principal Clerk 
with the papers of the Senate: 

Illinois House Resolution No. 2540, Claiming sovereignty under the 10th 
Amendment to the Constitution of the United States over all powers not otherwise 
enumerated and granted to the federal government by the United States 
Constitution, and to serve notice and demand the federal government cease and 
desist mandates that are beyond the scope of its constitutionally delegated powers. 
(See Appendix) 



PAGES 

The President introduces Mrs. Tonita Stephenson who is serving as Page 
Supervisor for the 1995 Session, and the following pages serving in the Senate this 
week: 

Karen Michele Balch, Lumberton; Katherine Marie Cottrell, Henderson; Anne 
Kreutzberg, Chapel Hill; Charles Taylor Phelps, Louisburg; Marion Victor Rains 
III, Raleigh; Patrick L. Stover, Red Oak; Nancy Katherine Swartzel, Raleigh; 
Amber Ruth Tankard, Bath; Elizabeth Wellons, Smithfield; and Zachary Whitaker, 
Raleigh. 

On motion of Senator Basnight, seconded by Senator Hobbs, the Senate 
adjourns at 4:00 P.M. to meet tomorrow, Thursday, January 26, at 1:30 P.M. 



January 25, 1995 



60 SENATE JOURNAL [Session 

SECOND DAY 

Senate Chamber, 
Thursday, January 26, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious and Loving God, it happens every year at the opening Session of the 
General Assembly. Yesterday was no exception. 

"With the brush stroke of a great master, a powerful portrait was painted before 
our very eyes in this Chamber. The subjects on the canvas were the Senators 
surrounded by those who love and encourage them. 

"Parents looking over the shoulder of their child, the Senator; spouses and 
friends sharing in their rightful place of partnership alongside the Senators; 
children and grandchildren sitting on the lap of a parent or grandparent who 
serves this Body, some being held, others being held down. 

"I simply pray that you recall this wonderful image every day to the men and 
women who serve here. Along with Your Abiding Presence, that mental portrait 
shall be a great source of strength for the journey that is ahead. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, January 25, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. William N. 
Johnstone of Pinehurst, North Carolina who is serving the Senate as Doctor of 
the Day. (See Appendix) 

COURTESIES OF THE FLOOR 

Senator Sherron offers a motion that courtesies of the floor be extended to 
Senator Francisco Utrera of Madrid, Spain, which motion prevails. The Chair 
directs Senator Sherron to escort Senator Utrera and his interpreter to the Well of 
the Senate, where he addresses the membership. Senator Lucas responds in 
Spanish. 

The Chair thanks Senator Utrera for his comments and directs Senator Sherron 
to escort Senator Utrera to a seat. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Cooper, Albertson, Warren, Soles, Speed, Dannelly, Hoyle, Hobbs, 
Kerr, Martin of Guilford, Rand, Odom, Plexico, Lucas, and Plyler: 

S.B. 3, a bill to provide for a referendum to amend the Constitution to provide 
for a gubernatorial veto. 

Referred to Judiciary I/Constitution Committee. 



January 26, 1995 



1995] SENATE JOURNAL 61 

By Senators Albertson, Perdue, Plyler, Speed, Edwards, Warren, Dannelly, 
Hoyle, Kerr, Martin of Guilford, Winner, Odom, Rand, Cooper, Plexico, 
Ballantine, Gulley, Allran, Carpenter, Foxx, Kincaid, and McDaniel: 

S.B. 4, a bill to repeal the law providing that a defendant may choose imprison- 
ment rather than probation or an alternative punishment and to amend the 
Constitution to provide that probation, restitution, community service, work 
programs, and other restraints on liberty are punishments that may be imposed on 
a person convicted of a criminal offense. 

Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Albertson, Perdue, Plyler, Hoyle, Martin of Guilford, 
Odom, Rand, Plyler, Gulley, Lucas, Allran, Carpenter, and Cooper: 

S.B. 5, a bill to amend the Constitution to change the composition of the State 
Board of Education and make the Superintendent of Public Instruction an 
appointee of the State Board of Education, and to make corresponding statutory 
changes. 

Referred to Judiciary I/Constitution Committee. 

By Senators Warren and Forrester, Albertson, Smith, Hoyle, Soles, Speed, 
Dannelly, Hobbs, Kerr, Odom, Plyler, Rand, Plexico, Lucas, Gulley, Allran, 
Carpenter, Ballantine, Cooper, and Davis: 

S.B. 6, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Perdue, Albertson, Soles, Speed, Warren, Edwards, 
Dannelly, Hoyle, Hobbs, Kerr, Martin of Guilford, Winner, Odom, Rand, Plexico, 
Gulley, Lucas, and Plyler: 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and dis- 
abled individuals in that county and (ii) raise the definition of "low-income'* so 
that more elderly and disabled individuals can qualify for the exemption. 

Referred to Judiciary I/Constitution Committee. 

By Senators Kerr, Albertson, Perdue, Soles, Speed, Edwards, Warren, Dannelly, 
Hoyle, Martin of Guilford, Odom, Plyler, Rand, Cooper, Gulley, Lucas, and 
Plexico: 

S.B. 8, a bill to repeal the intangibles tax and to reimburse local governments for 
their resulting revenue loss. 

Referred to Finance Committee. 

By Senators Edwards, Perdue, Albertson, Soles, Speed, Warren, Dannelly, Hoyle, 
Hobbs, Kerr, Martin of Guilford, Winner, Odom, Plyler, Rand, Plexico, Gulley, 
Lucas, and Cooper: 

S.B. 9, a bill to expand the property tax homestead exemption for low-income 
elderly and disabled individuals. 

Referred to Finance Committee. 



January 26, 1995 



62 SENATE JOURNAL [Session 

By Senators Sherron, Perdue, Albertson, Soles, Speed, Warren, Edwards, 
Dannelly, Hoyle, Hobbs, Kerr, Martin of Guilford, Winner, Odom, Plyler, Rand, 
Plexico, Gulley, Lucas, and Cooper: 

S.B. 10, a bill to increase the State personal exemption for a taxpayer's 
dependent child from two thousand dollars to two thousand five hundred dollars. 

Referred to Finance Committee. 

By Senators Sherron, Perdue, Albertson, Speed, Soles, Warren, Edwards, 
Dannelly, Hoyle, Hobbs, Kerr, Martin of Guilford, Winner, Odom, Plyler, Rand, 
Plexico, Gulley, Lucas, and Cooper: 

S.B. 11, a bill to increase the income tax standard deduction by twenty percent. 

Referred to Finance Committee. 

By Senators Sherron, Perdue, Albertson, Soles, Speed, Blackmon, Hoyle, Warren, 
Martin of Guilford, Odom, Plyler, Kerr, Plexico, Carpenter, and Rand: 

S.B. 12, a bill to reduce the corporate income tax from seven and three-fourths 
percent to seven percent over a three-year period. 

Referred to Finance Committee. 

By Senators Kerr, Albertson, Perdue, Soles, Warren, Dannelly, Edwards, Speed, 
Hoyle, Hobbs, Martin of Guilford, Winner, Odom, Rand, Plyler, Cooper, Plexico, 
Gulley, Kincaid, Foxx, and McDaniel: 

S.B. 13, a bill to further reduce employers' unemployment insurance taxes. 

Referred to Finance Committee. 

By Senators Plexico, Perdue, Speed, Hoyle, Blackmon, Edwards, Warren, 
Dannelly, Martin of Guilford, Winner, Odom, Gulley, Lucas, and Plyler: 
S.B. 14, a bill to strengthen the law limiting campaign contributions. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Perdue, Winner, Martin of Guilford, Plexico, Odom, Rand, Gulley, 
Lucas, and Plyler: 

S.B. 15, a bill to clarify the statutes so as to streamline the operations of the 
State education agency. 

Referred to Education/Higher Education Committee. 

By Senators Perdue, Albertson, Martin of Guilford, Hoyle, Kerr, Winner, Odom, 
Rand, Plyler, Plexico, Gulley, Lucas, and Cooper; 

S.B. 16, a bill directing the State Board of Education to recommend changes in 
the public school system. 

Referred to Education/Higher Education Committee. 

By Senators Lucas, Albertson, Perdue, Dannelly, Soles, Speed, Hoyle, Hobbs, 
Kerr, Warren, Martin of Guilford, Winner, Odom, Rand, Plexico, Gulley, and 
Plyler: 

S.B. 17, a bill to provide additional time for teacher staff development. 

Referred to Appropriations Committee. 

By Senators Winner, Albertson, Perdue, Hoyle, Kerr, Martin of Guilford, 
Warren, Odom, Rand, Plyler, Cooper, Plexico, Gulley, and Lucas: 

S.B. 18, a bill to provide additional budget flexibility to certain local school 
administrative units. 

Referred to Appropriations Committee. 



January 26, 1995 



1995] SENATE JOURNAL 63 

By Senators Hobbs, Albertson, Perdue, Speed, Plexico, Soles, Warren, Edwards, 
Dannelly, Hoyle, Kerr, Martin of Guilford, Winner, Odom, Rand, Plyler, Cooper, 
Gulley, and Lucas: 

S.B. 19, a bill to provide for a school improvement incentive grant program. 

Referred to Education/Higher Education Committee, and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Cooper, Albertson, Perdue, Soles, Speed, Warren, Hoyle, Martin of 
Guilford, Kerr, Winner, Odom, Rand, Plexico, Gulley, Lucas, and Plyler: 

S.B. 20, a bill to amend the School Improvement and Accountability Act of 
1989. 

Referred to Education/Higher Education Committee. 

By Senators Winner, Soles, Speed, Edwards, Parnell, Hobbs, Odom, Rand, 
Plexico, Gulley, and Plyler: 

S.B. 21, a bill to permit local boards of education to use funds allocated for 
teacher assistants to reduce class size. 

Referred to Education/Higher Education Committee. 

By Senators Winner, Albertson, Soles, Speed, Warren, Edwards, Parnell, 
Dannelly, Kerr, Martin of Guilford, Odom, Rand, Plyler, Gulley, Lucas, and 
Cooper: 

S.B. 22, a bill to allocate funds appropriated by the 1993 General Assembly to 
the School Technology Reserve. 

Referred to Appropriations Committee. 

By Senators Winner, Albertson, Soles, Speed, Warren, Edwards, Dannelly, Hoyle, 
Kerr, Martin of Guilford, Odom, Rand, Plyler, Cooper, Gulley, Lucas, and Plexico: 
S.B. 23, a bill to appropriate funds to the School Technology Fund. 
Referred to Appropriations Committee. 

By Senators Lucas, Perdue, Albertson, Edwards, Warren, Parnell, Dannelly, 
Hoyle, Kerr, Martin of Guilford, Odom, Rand, Gulley, and Plyler: 
S.B. 24, a bill to refocus the school testing program on the basics. 
Referred to Education/Higher Education Committee. 

By Senators Warren, Albertson, Edwards, Parnell, Hoyle, Kerr, Winner, Odom, 
Cooper, Gulley, Lucas, and Plexico: 
S.B. 25, a bill to appropriate funds for alternative schools. 
Referred to Appropriations Committee. 

By Senators Perdue, Albertson, Speed, Warren, Parnell, Hoyle, Odom, Plyler, 
Cooper, Plexico, and Rand: 

S.B. 26, a bill to enable local boards of education to expel from school those 
students whose continued presence in school constitutes a clear threat to the safety 
and health of other students or employees. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Perdue, Albertson, Speed, Soles, Warren, Edwards, Parnell, 
Hoyle, Rand, Plyler, Gulley, and Plexico: 
S.B. 27, a bill to repeal the prison population cap. 
Referred to Judiciary n/Election Laws Committee. 



January 26, 1995 



64 SENATE JOURNAL [Session 

By Senators Odom, Perdue, Albertson, Plexico, Hoyle, Kerr, Warren, Gulley, 
Cooper, Plyler, and Rand: 

S.B. 28, a bill to create a new offense class and punishment row for misdemean- 
or assaults, to increase the punishment for the felony offenses of common law 
robbery, breaking and entering, assault on a law enforcement officer, and posses- 
sion of a firearm by a felon, to lengthen the minimum sentences for felony offense 
Classes B2, C, and D. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Odom, Albertson, Speed, Parnell, Hoyle, Kerr, Plyler, and Plexico: 
S.B. 29, a bill to expedite the postconviction process in North Carolina for capi- 
tal cases. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Odom, Albertson, Soles, Speed, Edwards, Parnell, Warren, Hoyle, 
Kerr, Winner, Martin of Guilford, Rand, Plyler, Cooper, Gulley, and Plexico: 

S.B. 30, a bill to authorize the Secretary of Correction to enter long-term con- 
tracts for the confinement of State prisoners in county facilities. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Parnell, Albertson, Soles, Speed, Warren, Blackmon, Dannelly, 
Hoyle, Odom, Rand, Plyler, Cooper, and Plexico: 
S.B. 31, a bill to allow for the contracting of private prisons. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Hobbs, Albertson, Soles, Speed, Parnell, Hoyle, Kerr, Winner, 
Martin of Guilford, Gulley, and Odom: 

S.B. 32, a bill to authorize the Legislative Research Commission to study the 
housing of misdemeanants in local confinement facilities. 

Referred to Appropriations Committee. 

By Senators Ballance, Soles, Speed, Parnell, Dannelly, Hoyle, Kerr, Winner, 
Martin of Guilford, Odom, Rand, Gulley, and Plyler: 

S.B. 33, a bill to give the District Court concurrent jurisdiction with the Superior 
Court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the State and the defendant. 

Referred to Judiciary I/Constitution Committee. 

By Senator Odom: 

S.B. 34, a bill to abolish execution by lethal gas and to provide that a person 
convicted of a criminal offense who is sentenced to death shall be executed by the 
administration of lethal drugs. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Martin of Guilford, Dannelly, Kerr, Warren, Perdue, Albertson, 
Speed, Edwards, Parnell, Winner, Odom, Rand, Plyler, Cooper, Gulley, Lucas, and 
Plexico: 

S.B. 35, a bill to establish the 1995 North Carolina Welfare Reform Act. 

Referred to Children and Human Resources Committee. 



January 26, 1995 



1995] SENATE JOURNAL 65 

By Senators Hoyle, Kerr, Plyler, Rand, Speed, Warren, Perdue, Albertson, 
Forrester, Soles, Dannelly, Martin of Guilford, Odom, Plyler, Cooper, Winner, 
Plexico, Lucas, and Gulley: 

S.B. 36, a bill to protect the taxpayers of North Carolina by establishing the 
Taxpayer Bill of Rights. 

Referred to Finance Committee. 

By Senators Conder, Speed, Warren, Hoyle, Kerr, Odom, Plyler, Rand, and 
Plexico: 

S.B. 37, a bill to amend the Constitution of North Carolina to provide for term 
limits for members of the General Assembly, Council of State, local officials, and 
members of the Congress of the United States. 

Referred to Judiciary I/Constitution Committee. 

By Senators Plexico, Edwards, Hoyle, Martin of Guilford, Odom, Winner, and 
Gulley: 

S.B. 38, a bill to amend the campaign-reporting laws to require more disclosure 
about contributors and to add a report around Labor Day for certain candidates; 
and to eliminate the extra contribution limit period for the second primary for 
candidates who are not on the ballot in the second primary. 

Referred to Judiciary H/Election Laws Committee. 

By Senators Speed, Hoyle, Warren, Perdue, Albertson, Soles, Parnell, Kerr, 
Odom, Rand, Plyler, and Plexico: 

S.B. 39, a bill to provide governmental accountability and protection to the 
taxpayers by limiting increases in the General Fund budget, reforming the budget 
process, establishing a Rainy Day Emergency Reserve Trust Fund, and appropriat- 
ing funds to the Savings Reserve Account. 

Referred to Finance Committee. 

By Senators Plexico, Smith, Dannelly, Hoyle, Kerr, Odom, Gulley, Plyler, and 
Lucas: 

S.B. 40, a bill to streamline, simplify, and modernize the absentee voting laws, 
and to conform to federal laws on absentee voting. 

Referred to Judiciary H/Election Laws Committee. 

By Senators Odom, Speed, Edwards, Parnell, Dannelly, Hoyle, Kerr, Rand, and 
Plyler: 

S.B. 41, a bill to provide a procedure for eliminating frivolous lawsuits by prison- 
ers and to establish a partial filing fee for prisoners proceeding as indigents. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Albertson, Gulley, and Lucas: 

S.B. 42, a bill to provide a one-time tax rebate to each individual taxpayer who 
resides in this State. 
Referred to Finance Committee. 

By Senators Cooper, Soles, Parnell, Hoyle, Kerr, Odom, Rand, Plexico, Plyler, 
and Lucas: 

S.B. 43, a bill to make statutory conforming changes necessitated by an act to 
provide for a gubernatorial veto. 

Referred to Judiciary I/Constitution Committee. 



January 26, 1995 



66 SENATE JOURNAL [Session 

By Senators Odom, Winner, Blackmon, Dannelly, Hoyle, Plyler, Rand, and 
Lucas: 

S.B. 44, a bill to provide for special registration plates for supporters of 
professional sport teams. 

Referred to Transportation Committee. 

By Senators Hartsell, Cochrane, McKoy, Carrington, Sawyer, Kincaid, Blackmon, 
Allran, Foxx, Carpenter, Forrester, Smith, Ballantine, Little, McDaniel, and 
Dannelly: 

S.B. 45, a bill to streamline the appeals process in North Carolina for criminal 
cases. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Hartsell, Allran, Ballantine, Blackmon, Carpenter, Carrington, Clark, 
Cochrane, Davis, East, Forrester, Foxx, Horton, Kincaid, Ledbetter, Little, 
McDaniel, McKoy, Sawyer, Shaw, Simpson, Smith, and Webster: 

S.B. 46, a bill to repeal the prison population cap. 

Referred to Judiciary H/Election Laws Committee. 

By Senators Carpenter, Allran, Carrington, Clark, Cochrane, Davis, East, 
Forrester, Foxx, Hartsell, Ledbetter, Little, McDaniel, McKoy, Shaw, Smith, and 
Webster: 

S.B. 47, a bill to amend the Constitution of North Carolina to provide to the 
people the power of initiative. 

Referred to Judiciary I/Constitution Committee. 

By Senators Allran, Ballantine, Blackmon, Carpenter, Carrington, Clark, 
Cochrane, Davis, East, Forrester, Foxx, Hartsell, Kincaid, Ledbetter, Little, 
McDaniel, McKoy, Shaw, Smith, and Albertson: 

S.B. 48, a bill to establish the Public Assistance Personal and Family Responsibil- 
ity Act of 1995. 

Referred to Children and Human Resources Committee. 

By Senators Allran, Clark, Cochrane, Foxx, Hartsell, Kincaid, Carpenter, 
Blackmon, Shaw, Ledbetter, Smith, McKoy, McDaniel, East, Ballantine, Forrester, 
Little, Carrington, Davis, Webster, Kerr, and Albertson: 

S.B. 49, a bill to return the food stamp fraud felony threshold to its pre-1991 
limit. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Allran, Clark, Cochrane, Foxx, Smith, Hartsell, Kincaid, Carpenter, 
Blackmon, Shaw, Ledbetter, McKoy, McDaniel, East, Ballantine, Forrester, Little, 
Davis, Dannelly, Carrington, Kerr, and Albertson: 

S.B. 50, a bill to ensure the best use of day care funds. 

Referred to Children and Human Resources Committee. 

By Senators Cooper, Parnell, Hoyle, Odom, Rand, Plyler, Plexico, Carpenter, 
and Allran: 

S.B. 51, a bill to require a one-year suspension for any student who brings a gun 
onto school property and to allow for expelling students whose continued presence 
in school constitutes a clear threat to the safety and health of other students or 
employees. 

Referred to Judiciary I/Constitution Committee. 



January 26, 1995 



1995] SENATE JOURNAL 67 

By Senators Albertson, Parnell, Dannelly, Kerr, and Odom: 

S.B. 52, a bill to create the State-Owned Submerged Lands Advisory Committee 

and to require that the Advisory Committee make its final report to the General 

Assembly on or before May 1, 1995. 
Referred to Agriculture/Environment/Natural Resources Committee and upon a 

favorable report, re-referred to the Appropriations Committee. 

By Senators Odom, Speed, Dannelly, Hoyle, Rand, Plyler, and Plexico: 
S.B. 53, a bill to require the registration of persons convicted of certain criminal 
sexual offenses. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Cochrane, Carpenter, East, Shaw, Smith, Kincaid, Simpson, Allran, 
Blackmon, Forrester, Hartsell, Ballantine, McKoy, Ledbetter, McDaniel, Little, 
Davis, Carrington, Clark, Webster, Horton, and Foxx: 

S.B. 54, a bill to make statutory conforming changes necessitated by an act to 
provide for a gubernatorial line-item reduction veto. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cochrane, Carpenter, East, Shaw, Smith, Kincaid, Simpson, Allran, 
Blackmon, Forrester, Hartsell, Ballantine, McKoy, Little, Ledbetter, Webster, 
Clark, McDaniel, Davis, Foxx, Horton, and Carrington: 

S.B. 55, a bill to provide for a referendum to amend the Constitution to provide 
for a gubernatorial veto of entire bills, a gubernatorial line-item veto of appropri- 
ations, and to allow the Governor to reduce an appropriation rather than 
rejecting it. 

Referred to Judiciary I/Constitution Committee. 

By Senators Plyler, Conder, Hoyle, Plexico, Jordan, Hobbs, Soles, Speed, 
Edwards, Parnell, Dannelly, Odom, Kerr, Rand, Cooper, and Lucas: 
S.B. 56, a bill to repeal antiquated, obsolete, or unconstitutional laws. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Conder and Speed: 

S.B. 57, a bill to implement the recommendations of the Legislative Research 
Commission Committee on Alcoholic Beverage Control. 
Referred to Judiciary I/Constitution Committee. 

By Senators Plexico, Smith, Dannelly, Hoyle, Kerr, Odom, and Lucas: 
S.B. 58, a bill to make technical corrections in voter registration laws and other 
election laws. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Jordan, Dannelly, and Edwards: 

S.B. 59, a bill to establish a permanent, Independent Consumer Protection Study 
Commission. 
Referred to Appropriations Committee. 

By Senators Jordan, Edwards, Dannelly, and Lucas: 

S.B. 60, a bill to establish a Study Commission on the Disposition of Public 
School Buildings. 
Referred to Appropriations Committee. 



January 26, 1995 



68 SENATE JOURNAL [Session 

By Senators Jordan, Edwards, Dannelly, and Lucas: 

S.B. 61, a bill to establish a reserve for State assistance to a center for the 
promotion of African-American Heritage and Culture in North Carolina and to 
establish an African-American Heritage and Culture Advisory Committee. 

Referred to Appropriations Committee. 

By Senators Jordan, Parnell, Perdue, Plexico, Dannelly, and Kerr: 

S.B. 62, a bill to establish a bill of rights for owners of manufactured homes. 

Referred to Commerce Committee. 

By Senators Jordan, Edwards, and Dannelly: 

S.B. 63, a bill to require local school boards to provide the North Carolina 
Historical Commission with notice of plans to replace old school buildings by 
submitting the feasibility and cost analyses for review by the Commission. 

Referred to Education/Higher Education Committee. 

By Senators Ballantine, Carrington, Cochrane, Hartsell, McKoy, Kincaid, 
Carpenter, Simpson, Little, McDaniel, Smith, Shaw, Davis, Ledbetter, Foxx, Allran, 
East, Horton, Clark, Webster, Forrester, Kerr, Blackmon, and Parnell: 

S.B. 64, a bill to establish State policy regarding the construction of prisons. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Jordan, Parnell, and Kerr: 

S.B. 65, a bill to regulate check cashing businesses. 

Referred to Commerce Committee. 

By Senators Blackmon, Ledbetter, Cochrane, Carpenter, Kincaid, McDaniel, 
Shaw, Simpson, Smith, Webster, Hartsell, McKoy, Ballantine, Forrester, Allran, and 
Davis: 

S.B. 66, a bill to provide governmental accountability and protection to the 
taxpayers by limiting increases in the General Fund budget, reforming the budget 
process, establishing an emergency reserve trust fund, and prohibiting unfunded 
State mandates. 

Referred to Finance Committee. 

By Senators Allran, Clark, Cochrane, Foxx, Carpenter, Hartsell, Forrester, Smith, 
Kincaid, Simpson, Little, McDaniel, Ballantine, Blackmon, Shaw. McKoy, 
Ledbetter, Parnell, and Davis: 

S.B. 67, a bill to develop statewide food stamp electronic benefits transfer. 

Referred to Children and Human Resources Committee. 

By Senators Allran, Clark, Cochrane, Foxx, Carpenter, Hartsell, Forrester, Smith, 
Kincaid, Simpson, Little, Shaw, McDaniel, Ballantine, Blackmon, McKoy, 
Ledbetter, Horton, Parnell, and Davis: 

S.B. 68, a bill to require recipients of food stamps to participate in Workfare. 

Referred to Children and Human Resources Committee. 

By Senators Hoyle, Parnell, Forrester, Soles, Speed, Dannelly, Odom, Plyler, 
Rand, and Lucas: 

S.B. 69, a bill to provide tax relief and economic competitiveness for North 
Carolina. 

Referred to Finance Committee. 



January 26, 1995 



1995] SENATE JOURNAL 69 

By Senators Forrester, Horton, McKoy, Kincaid, Cochrane, Smith, Hartsell, 
Ballantine, Ledbetter, Little, McDaniel, Simpson, Shaw, Carpenter, Clark, 
Carrington, Foxx, Allran, East, Webster, and Davis: 

S.B. 70, a bill to amend the Constitution of North Carolina to limit members of 
the Legislature to four consecutive terms in a house. 

Referred to Judiciary I/Constitution Committee. 

By Senators Forrester, Horton, McKoy, Kincaid, Cochrane, Smith, Hartsell, 
Ballantine, Ledbetter, Shaw, McDaniel, Simpson, Carrington, Horton, Clark, 
Carpenter, Webster, East, Allran, Foxx, Little, and Davis: 

S.B. 71, a bill to statutorily limit ballot access to members of the United States 
House of Representatives who have served four two-year terms, and United States 
Senators who have served two six-year terms. 

Referred to Judiciary I/Constitution Committee. 

By Senators Ballantine, Carrington, Cochrane, Hartsell, McKoy, Kincaid, 
Carpenter, Davis, Shaw, Simpson, Ledbetter, Foxx, Allran, Horton, McDaniel, 
East, Webster, Clark, Forrester, Blackmon, Parnell, Speed, Hoyle, and Smith: 

S.B. 72, a bill to prohibit the use of State funds for the North Carolina Resource 
Center. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

APPOINTMENT OF COMMITTEE CHAIRMEN 

Pursuant to Rules 31 and 32, Senator Basnight, President Pro Tempore, appoints 
Chairmen of the Senate Standing Committees for the 1995 Session, as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 
Chairman: Senator Albertson 



APPROPRIATIONS 



Chairmen: Senator Plyler 
Senator Perdue 



BASE BUDGET 
Chairman: Senator Odom 

Appropriations on Department of Transportation 
Chairman: Senator Hoyle 

Appropriations on Education/Higher Education 

Chairmen: Senator Plexico 
Senator Winner 

Appropriations on General Government 
Chairman: Senator Warren 



January 26, 1995 



70 SENATE JOURNAL [Session 

Appropriations on Human Resources 
Chairman: Senator Martin of Guilford 

Appropriations on Justice and Public Safety 
Chairman: Senator Ballance 

Appropriations on Natural & Economic Resources 
Chairman: Senator Martin of Pitt 

CHILDREN AND HUMAN RESOURCES 
Chairman: Senator Lucas 

COMMERCE 
Chairman: Senator Parnell 

EDUCATION/HIGHER EDUCATION 

Chairmen: Senator Plexico 
Senator Winner 

FINANCE 

Chairmen: Senator Sherron 
Senator Kerr 

JUDICIARY I/CONSTITUTION 
Chairman: Senator Cooper 

JUDICIARY II/ELECTION LAWS 
Chairman: Senator Gulley 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS 
Chairman: Senator Jordan 

PENSIONS AND RETIREMENT/INSURANCE/STATE PERSONNEL 

Chairmen: Senator Conder 
Senator Soles 

RULES AND OPERATION OF THE SENATE 
Chairman: Senator Rand 

TRANSPORTATION 
Chairman: Senator Speed 



January 26, 1995 



1995] SENATE JOURNAL 71 

WAYS AND MEANS 
Chairman: Senator Edwards 

On motion of Senator Basnight, seconded by Senator Cochrane, the Senate 
adjourns at 2:15 P.M. to meet Monday, January 30, at 7:00 P.M. 



THIRD DAY 

Senate Chamber, 
Monday, January 30, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, no doubt during this first full week of activities, the Senators and 
staff will be pulled in a hundred different directions by well-intentioned people, all 
advocates of complex issues for which they would like laws to be written. 

"Though the members of this Body are committed, gifted, and versatile, remind 
them early on for the sake of their health and well-being that it will be impossible 
to be everywhere at once and all things to all people. 
"A wise person has said, 

What another would have done as well as you, do not do it. What 
another would have said as well as you, do not say it; written as well, 
do not write it. Be faithful to that which exists nowhere but in yourself 
through God's Grace, and there make yourself indispensable. 
"Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
January 26, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert 
Skidmore of Durham, North Carolina who is serving the Senate as Doctor of the 
Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Simpson, Carpenter, Foxx, and Kincaid: 

S.B. 73, a bill to authorize local boards of education to use funds appropriated 
for teacher assistants and for program enhancement teachers for other purposes. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



January 30, 1995 



72 SENATE JOURNAL [Session 

By Senators Cochrane, Allran, Carpenter, Clark, Davis, Foxx, Hartsell, Kincaid, 
Ledbetter, Little, Simpson, and Smith: 

S.B. 74, a bill to amend the Constitution to make the Superintendent of Public 
Instruction an appointee of the State Board of Education, and to make 
corresponding statutory changes. 

Referred to Judiciary I/Constitution Committee. 

By Senator Parnell: 

S.B. 75, a bill to allow an extension of time for the City of Raeford to file an 
application for a sales tax refund. 
Referred to Finance Committee. 

By Senators Parnell, Hoyle, Soles, and Speed: 

S.B. 76, a bill to appropriate funds for additional personnel for the Division of 
Emergency Management and the North Carolina Center for Missing Persons. 
Referred to Appropriations Committee. 

By Senators Dannelly, Ballance, Blackmon, and Edwards: 
S.B. 77, a bill to regulate trucks using multilane highways. 
Referred to Transportation Committee. 

By Senators Kincaid, Carpenter, Carrington, Cochrane, McDaniel, Foxx, and 
Webster: 

S.B. 78, a bill to increase the income tax personal exemption amount from two 
thousand dollars to two thousand five hundred dollars, the same as the federal 
personal exemption amount, and to provide that the amount will increase automat- 
ically each year to account for inflation. 

Referred to Finance Committee. 

By Senators Kincaid, Carpenter, Carrington, Cochrane, McDaniel, Foxx, and 
Webster: 
S.B. 79, a bill to lower the corporate income tax rate from 7.75% to 7%. 
Referred to Finance Committee. 

By Senator Soles: 

S.B. 80, a bill to transfer the calendaring authority for criminal cases in Superior 
Court to the Senior Resident Superior Court Judge as recommended by the 
Legislative Research Commission Committee on Criminal Law. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Hartsell, Allran, Odom, Simpson, and Soles: 
S.B. 81, a bill to enact the revised Article 3 of the Uniform Commercial Code 
and conforming and miscellaneous amendments to Articles 1 and 4 of the Uniform 
Commercial Code, as recommended by the General Statutes Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Hartsell, Allran, Odom, Perdue, Simpson, and Soles: 
S.B. 82, a bill to increase the amount of property collectible by small estate 
affidavit where the sole heir and/or devisee is the surviving spouse, to increase the 
minimum amount of intestate personal property passing to the surviving spouse, 



January 30, 1995 



1995] SENATE JOURNAL 73 

and to increase the amount of the year's allowance for a surviving spouse and 
children, as recommended by the General Statutes Commission. 

Referred to Judiciary II/EIection Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Hartsell, Odom, and Soles: 

S.B. 83, a bill to enact the Uniform Statutory Rule Against Perpetuities, as 
recommended by the General Statutes Commission. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Hartsell and Odom: 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Hartsell and Soles: 

S.B. 85, a bill to authorize honorary trusts, trusts for pets, and trusts for ceme- 
tery lots, as recommended by the General Statutes Commission. 
Referred to Judiciary II/EIection Laws Committed. 

By Senator Hartsell (by request): 

S.B. 86, a bill to make it clear that heirs or devisees may move to compel the 
filing of an account in a decedent's estate and to make the personal representative 
or collector personally liable for the costs of a proceeding to compel the filing of 
the account, as recommended by the General Statutes Commission. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Edwards, Gulley, Jordan, 
Lucas, McKoy, Soles, and Warren: 

S.B. 87, a bill to establish the Community-Based Partnership and Grant Program 
and to establish a Grants Information Network. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Edwards, Gulley, Jordan, 
Lucas, McKoy, Soles, and Warren: 

S.B. 88, a bill to require the Department of Human Resources, Division of 
Youth Services to study and develop proposals designed to enhance the success of 
youth released from juvenile confinement facilities. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Edwards, Gulley, Jordan, 
McKoy, and Soles: 

S.B. 89, a bill to require the Board of Governors, the State Board of Education, 
the Department of Public Instruction, and the Teaching Fellows Commission to 
study how to increase the number of minority teachers in public schools and to 
study the use of school facilities for community-based organization activities. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



January 30, 1995 



74 SENATE JOURNAL [Session 

By Senators McKoy, Carpenter, Davis, and Martin of Guilford: 

S.B. 90, a bill to provide for early intervention and prevention of juvenile crime 

by providing for counseling of juveniles who have been adjudicated undisciplined 

or delinquent for certain offenses for the first time. 
Referred to Appropriations Committee. 

By Senators McKoy, Carpenter, and McDaniel: 

S.B. 91, a bill to remove disincentives to work that keep public assistance recipi- 
ents from moving toward permanent self-sufficiency and to require personal and 
family responsibility. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Hoyle, Albertson, Forrester, Kerr, Foxx, and Martin of Pitt: 
S.B. 92, a bill to exempt from the highway use tax fire fighting vehicles owned 
by all-volunteer fire departments. 
Referred to Finance Committee. 

COMMITTEE APPOINTMENTS 

Pursuant to Rules 31 and 34, Senator Basnight, President Pro Tempore, 
announces appointments to standing committees and charges them, as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Chairman: Senator Albertson 

Vice-Chairmen: Senator Gulley 

Senator Speed 
Senator Blackmon 

Ranking Minority: Senator Shaw 

Members: Senators Hobbs, Odom, Plexico, 

Winner, Jordan, Perdue, Dannelly, 
Cochrane, East, Ballantine, Carrington, 
McDaniel, and Simpson 

APPROPRIATIONS 

Co-Chairmen: Senator Plyler 

Senator Perdue 

Vice-Chairmen: Senator Rand 

Senator Conder 
Senator Kincaid 
Senator Simpson 

Members: Senators Albertson, Ballance, 

Ballantine, Carpenter, Clark, Cochrane, 
Dannelly, Davis, East, Edwards, 
Forrester, Gulley, Hobbs, Horton, 
Hoyle, Jordan, Ledbetter, Little, Lucas, 
Martin of Pitt, Martin of Guilford, 
McKoy, Odom, Parnell, Plexico, Smith, 
Speed, Warren, and Winner 



January 30, 1995 



1995] SENATE JOURNAL 75 

Appropriations - Department of Transportation 

Chairman: Senator Hoyle 

Vice-Chairman: Senator Albertson 

Ranking Minority: Senator Carpenter 

Members: Senators Edwards and Horton 

Appropriations - Education/Higher Education 

Co-Chairmen: Senator Plexico 

Senator Winner 
Vice-Chairman: Senator Conder 

Ranking Minority: Senator Smith 

Member. Senator Little 

Appropriations - General Government 

Chairman: Senator Warren 

Vice-Chairman: Senator Lucas 

Members: Senators Gulley, Ledbetter, and Davis 

Appropriations - Human Resources 

Chairman: Senator Martin of Guilford 

Vice-Chairman: Senator Speed 

Ranking Minority: Senator Forrester 

Members: Senators Dannelly and Clark 

Appropriations - Justice and Public Safety 

Chairman: Senator Ballance 

Vice-Chairman: Senator Parnell 

Ranking Minority: Senator Ballantine 

Members: Senators Rand and East 

Appropriations - Natural and Economic Resources 

Chairman: Senator Martin of Pitt 

Vice-Chairman: Senator Jordan 

Ranking Minority: Senator Cochrane 

Members: Senators Hobbs and McKoy 

BASE BUDGET 

Chairman: Senator Odom 

Vice-Chairmen: Senator Rand 

Senator Conder 

Senator Kincaid 

Senator Simpson 



January 30, 1995 



76 SENATE JOURNAL [Session 

BASE BUDGET (continued) 

Members: Senators Albertson, Ballance, 

Ballantine, Carpenter, Clark, Cochrane, 
Dannelly, Davis, East, Edwards, 
Forrester, Gulley, Hobbs, Horton, 
Hoyle, Jordan, Ledbetter, Little, Lucas, 
Martin of Pitt, Martin of Guilford, 
McKoy, Parnell, Perdue, Plyler, 
Plexico, Smith, Speed, Warren, 
and Winner 

CHILDREN AND HUMAN RESOURCES 

Chairman: Senator Lucas 

Vice-Chairmen: Senator Martin of Guilford 

Senator Winner 

Senator Dannelly 
Ranking Minority: Senator Forrester 

Members: Senators Hobbs, Perdue, Kerr, Warren, 

Cooper, Plexico, Allran, Clark, East, 

Foxx, Kincaid, Sawyer, and Cochrane 

COMMERCE 

Chairman: Senator Parnell 

Vice Chairmen: Senator Hoyle 

Senator Warren 
Senator Cochrane 

Ranking Minority: Senator Smith 

Members: Senators Kerr, Rand, Ballance, 

Martin of Pitt, Conder, Soles, Plyler, 
Kincaid, Foxx, Ledbetter, Little, 
Sawyer, and Carpenter 

EDUCATION/HIGHER EDUCATION 

Co -Chairmen: Senator Plexico 

Senator Winner 
Vice-Chairmen: Senator Warren 

Senator Hobbs 

Senator Dannelly 

Senator Allran 
Ranking Minority: Senator Forrester 

Members: Senators Perdue, Lucas, Hoyle, Conder, 

Martin of Guilford, Cochrane, Little, 

Hartsell, Horton, Davis, and Foxx 



January 30, 1995 



1995] SENATE JOURNAL 77 

FINANCE 

Co-Chaimien: Senator Sherron 

Senator Kerr 
Vice-Chairmen: Senator Soles 

Senator Cooper 

Senator Shaw 
Ranking Minority: Senator Allran 

Members: Senators Conder, Parnell, Speed, 

Hobbs, Hoyle, Rand, Edwards, 

Albertson, Lucas, Carrington, Hartsell, 

McDaniel, Webster, Foxx, Blackmon, 

Smith, and Sawyer 

JUDICIARY I/CONSTITUTION 

Chairman: Senator Cooper 

Vice-Chairman: Senator Soles 

Ranking Minority: Senator Simpson 

Members: Senators Odom, Winner, Albertson, 

Speed, Dannelly, Martin of Guilford, 
Perdue, Allran, Ballantine, Blackmon, 
McKoy, McDaniel, and Shaw 

JUDICIARY II/ELECTION LAWS 

Chairman: Senator Gulley 

Vice-Chairmen: Senator Ballance 

Ranking Minority: Senator Hartsell 

Members: Senators Plexico, Rand, Kerr, Parnell, 

Lucas, Jordan, Hoyle, Horton, Davis, 
Carpenter, Sawyer, Webster, 
and Forrester 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS 

Chairman: Senator Jordan 

Vice-Chairman: Senator Martin of Pitt 

Ranking Minority: Senator Shaw 

Members: Senators Ballance, Soles, Plyler, 

Albertson, Conder, Hartsell, Carrington, 
Ledbetter, and Davis 

PENSIONS AND RETIREMENT/INSURANCE/STATE PERSONNEL 

Co-Chairmen: Senator Conder 

Senator Soles 
Vice-Chairmen: Senator Parnell 

Senator Martin of Pitt 

Senator Kincaid 
Ranking Minority: Senator Horton 



January 30, 1995 



78 SENATE JOURNAL [Session 

PENSIONS AND RETIREMENT/INSURANCEySTATE PERSONNEL 

(continued) 

Members: Senators Sherron, Edwards, Plyler, 

Shaw, Webster, and McKoy 

RULES AND OPERATION OF THE SENATE 

Chairman: Senator Rand 

Vice-Chairmen: Senator Gulley 

Senator Hartsell 
Ranking Minority: Senator Simpson 

Members: Senators Cooper, Soles, Plexico, Plyler, 

Little, and Ledbetter 

TRANSPORTATION 

Chairman: Senator Speed 

Vice-Chairmen: Senator Edwards 

Senator Smith 
Ranking Minority: Senator Kincaid 

Members: Senators Hoyle, Gulley, Parnell, Odom, 

Sherron, Simpson, Clark, and Carpenter 

WAYS AND MEANS 

Chairman: Senator Edwards 

Vice-Chairman: Senator Sherron 

Ranking Minority: Senator Allran 

Members: Senators Plyler, Ballance, Kerr, 

Martin of Guilford, Martin of Pitt, 
Hoyle, Odom, Perdue, Warren, Smith, 
Carrington, East, McDaniel, McKoy, 
Ballantine, Webster, and Clark 

The President recognizes Senator Basnight whose remarks are spread upon the 
Journal with unanimous consent, as follows: 

"Thank you, Mr. President. In speaking to the members of this Body, the 
charge you certainly understand without any great elaboration. The responsibility 
is one that you understand, as well, and you also fully understand that in your 
deliberations those answers that you find that are in the best interest of the people 
of this State are certainly the reason that you will cast your vote in favor of a 
better government for all of us in those opportunities that afford itself by serving 
on these committees. 

"I ask that you be prompt and courteous to your Chairmen to allow that person 
to begin the meeting on time in a fashion as you would like to be treated yourself 
as a Chairman that you could once be as well. I think it is also equally important 
that we give the courtesies to the speaker that will be before the committee from 
time to time and that we do as the Lieutenant Governor has suggested to us, as 
well, to give them your open attention and certainly what they deserve, an oppor- 
tunity to be heard. 



January 30, 1995 



1995] SENATE JOURNAL 79 

"I ask that you move with speed, but with deliberation in making the decisions 
on what you will be confronted with. Tomorrow we have some meetings that will 
be announced shortly prior to adjournment tonight. Then I would ask that all the 
Chairmen that have the bills in their box at this time to start scheduling those 
meetings this week as quickly as you can. We all fully understand that we will be 
moving from room to room as we settle into our offices. We also understand that 
the Governor has not presented his budget at this time and won't for some time. 
And the appropriations process will be a bit slower in picking up some momentum, 
but they will be meeting. I am certain that the Chairs will be discussing opportuni- 
ties of mutual interest with the House members so that we can work jointly with 
our counterparts in a productive way. 

"I welcome this opportunity to be a part of your process, to show successes in 
this Body and the House as well on behalf of the people of this great State of 
ours. Congratulations to the Chairmen, the Vice Chairs, the Ranking Minority 
Members as well as all members. If you see changes that you'd like to be a part 
of for the minority party, would you please contact Senator Cochrane and for the 
majority party if you would contact Norma Ware. We would certainly encourage 
you to contact that member that you would like to make a change with in any of 
the committee assignments. Wish you Godspeed in your efforts. Thank you very 
much." 

APPOINTMENT BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read, as follows: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8801 

January 27, 1995 

The Honorable Dennis Wicker 
President of the Senate 
State Capitol 
Raleigh, North Carolina 27603 

Dear Mr. President: 

Pursuant to North Carolina General Statute 53-92, I hereby appoint Hal D. 
Lingerfelt as Commissioner of Banks and submit his name for confirmation by the 
North Carolina General Assembly by joint resolution. Mr. Lingerfelt will complete 
the unexpired term of Commissioner William T Graham which will expire on 
March 31, 1995 and serve a full term to commence on April 1, 1995 and expire on 
March 31, 1999. 

Enclosed is a copy of Mr. Lingerfelt's resume. Please feel free to contact him 
directly should you require additional information. 

With warmest personal regards. 

Sincerely, 

S/James B. Hunt Jr. 

Governor 

Referred to Commerce Committee. 



January 30, 1995 



80 SENATE JOURNAL [Session 

EXECUTIVE ORDERS 

Executive Orders received (See Appendix) are presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 69, Governor's Council on Children, Youth, and 
Families. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 70, Reissuing Executive Order No. 37, Citizen Access 
to Public Records Maintained by State Government. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 71, Extending Executive Orders 2, 6, 9, 10, 11, 15, 16, 
17, and 19. 
Referred to Rules and Operation of the Senate Committee. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Sarah Elizabeth Cherry, Washington; Mark Clinkscales, Hertford; Jennifer Lind 
Davis, Elizabeth City; Jessica Luginbuhl, Raleigh; Roy Butler Martin, IV, Nags 
Head; Mary Elizabeth McNeill, Washington; Justin C. Pleasants, Raleigh; 
Katherine Howard Roberts, Raleigh; Bradley D. Scheick, Charlotte; Angela Marie 
Scott, Elizabeth City; Jeffrey E. Tillitt, Castalia; and Crystal Gayle lurnage, 
Raleigh. 

On motion of Senator Basnight, seconded by Senator Perdue, the Senate 
adjourns at 7:42 P.M. to meet tomorrow, January 31, at 1:30 P.M. 



FOURTH DAY 

Senate Chamber, 
Tuesday, January 31, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, we are reminded that a rich young ruler, feeling a void in his life, 
asked what he must do to inherit the kingdom of God. You said, 'Keep the 
commandments, sell all your possessions and come follow me.' The ruler went 
away sad. It was too much to ask. 

"The lesson for us is that we have a fine tradition in surviving adversity. 

"Our greatest task is to be good stewards of and to survive the experience of 
prosperity. As You have blessed us, O God, help us to bless others this day. 
Amen." 



January 31, 1995 



1995] SENATE JOURNAL 81 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
January 30, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Andrew 
Antoszyk of Charlotte, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Shaw, Davis, and Carpenter: 

S.B. 93, a bill to license athletic trainers. 

Pursuant to G.S. 120-149, an assessment report is required. 

Referred to Finance Committee. 

By Senator Albertson: 

S.B. 94, a bill to appropriate funds to the Board of Governors for the University 
of North Carolina to provide summer internships at the Water Resources Research 
Institute. 

Referred to Appropriations Committee. 

By Senators Albertson, Blackmon, and Carpenter: 

S J.R. 95, a joint resolution authorizing the Legislative Research Commission to 
study water issues. 
Referred to Appropriations Committee. 

By Senator Jordan: 

S.B. 96, a bill to authorize the Department of Commerce to conduct a feasibility 
study on the construction and operation of an eastern convention center. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Forrester, Ballantine, Carrington, Clark, Cochrane, Conder, Davis, 
East, Foxx, Hobbs, Hoyle, Little, Simpson, Smith, Webster, Carpenter, and McKoy: 

S.B. 97, a bill to provide a one-time tax rebate to each individual taxpayer who 
resides in this State. 

Referred to Finance Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 3, a bill to provide for a referendum to amend the Constitution to provide 
for a gubernatorial veto, with a favorable report. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 



January 31, 1995 



82 SENATE JOURNAL [Session 

Pursuant to G. S. 90-210.70(d), the North Carolina Board of Mortuary Science 
submits an Annual Report containing a Record of Complaints, Auditing and 
Enforcement. 

Pursuant to Part III of Chapter 771 of the 1993 Session Laws, the Election Laws 
Review Commission submits its Report on the Election Laws of the State of North 
Carolina. 

RESIGNATION 

The President of the Senate orders the notification of the resignation of James 
Earl Danieley from the University of North Carolina Board of Governors pre- 
sented to the Senate on Wednesday, January 25, referred to Education/Higher 
Education Committee. 

On motion of Senator Basnight, seconded by Senator Foxx, the Senate adjourns 
at 1:41 P.M. to meet tomorrow, February 1, at 1:30 P.M. 



FIFTH DAY 

Senate Chamber, 
Wednesday, February 1, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, at the beginning of each new day we must first deal honestly with 
things as they are. That should not diminish in us a strong hope that things may 
yet be better than they are. 

"Let that thought be the goal toward which the Senators and staff work today 
and in the days ahead. 

"Give us faith to believe in the possibility of change in ourselves and in our 
world. Encourage each of us to do all we can to change the bad to good and the 
good to better until You are satisfied with our labors. 

"In Your Name and for Your Sake, we pray. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, January 31, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Charles O. 
Boyette of Belhaven, and Dr. Julia Nelson of Greenville, who are serving the 
Senate as Doctors of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



February 1, 1995 



1995] SENATE JOURNAL 83 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 16, a bill directing the State Board of Education to recommend changes in 
the public school system, with a favorable report. 

By Senator Sherron for the Finance Committee: 

S.B. 13, a bill to further reduce employers' unemployment insurance taxes, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 9529 is placed before the Senate for immediate consider- 
ation, and on his further motion, is adopted. 

The Chair orders the Committee Substitute bill placed on the Calendar for 
tomorrow, February 2, for further consideration upon its passage. 

ADDITIONAL ENDORSEMENTS 

Senators Conder, Perdue, and Davis request to be recorded endorsing a bill 
previously introduced: 

S.B. 6, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime. 

Senator Perdue requests to be recorded endorsing a bill previously introduced: 
S.B. 92, a bill to exempt from the highway use tax fire fighting vehicles owned 
by all-volunteer fire departments. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Simpson, Cochrane, Hartsell, Little, Allran, Ballantine, Blackmon, 
Carpenter, Carrington, Clark, Forrester, Foxx, Kincaid, Ledbetter, McDaniel, 
McKoy, Davis, Horton, and Shaw: 

S.B. 98, a bill directing the State Board of Education to develop a plan for the 
reorganization of the Department of Public Instruction. 

Referred to Education/Higher Education Committee. 

By Senators Simpson, Cochrane, Hartsell, Little, Allran, Ballantine, Blackmon, 
Carpenter, Carrington, Clark, Forrester, Foxx, Kincaid, Ledbetter, McDaniel, 
McKoy, Davis, and Shaw: 

S.B. 99, a bill to grant additional management flexibility to local boards of 
education, to ensure that local boards of education are held accountable for the 
use of that flexibility, and to assess the relationship between expenditures for 
public schools and student performance. 

Referred to Education/Higher Education Committee. 

By Senators Simpson, Little, Cochrane, Hartsell, Foxx, Carpenter, Forrester, and 
Davis: 

S.B. 100, a bill to restore constitutional powers to the State Board of Education 
and to make conforming changes. 

Referred to Education/Higher Education Committee. 



February 1, 1995 



84 SENATE JOURNAL [Session 

By Senators McDaniel, Carrington, East, Foxx, Davis, Carpenter, Forrester, and 
Sawyer: 

S.B. 101, a bill to provide that rules adopted by State agencies do not become 
effective unless approved by the General Assembly. 

Referred to Judiciary I/Constitution Committee. 

By Senators Parnell, Kerr, and Carpenter: 

S.B. 102, a bill to authorize the Legislative Research Commission to study long- 
term care insurance. 
Referred to Appropriations Committee. 

By Senators Cochrane, Hoyle, Carpenter, Foxx, Forrester, and Kerr: 
S.B. 103, a bill to exempt from sales and use tax tangible personal property that 
is manufactured or purchased for resale by a wholesale merchant or a retailer and 
then donated to a nonprofit organization to be used for a charitable purpose. 
Referred to Finance Committee. 

By Senators Cochrane, Hoyle, Carpenter, Foxx, Forrester, and Kerr: 
S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes. 
Referred to Finance Committee. 

By Senators Martin of Guilford, Edwards, Gulley, and Jordan 

S.B. 105, a bill to establish the status of Minority Males Study Commission. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford and Winner: 

S.B. 106, a bill to appropriate funds for additional comprehensive school-based 
adolescent health centers. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford and Winner: 

S.B. 107, a bill to appropriate funds to provide home visiting services for certain 
families, and to authorize an interagency committee to evaluate the Family Out- 
reach Program. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Winner, Allran, and Cooper: 

S.B. 108, a bill to provide that adoptions shall be in the district court. 

Referred to Judiciary I/Constitution Committee. 

By Senators Albertson, Warren, Carpenter, and Speed: 
S.B. 109, a bill to provide that sales tax preferences for agriculture apply to 
aquaculture. 
Referred to Finance Committee. 

By Senators Albertson, and Warren: 

S.B. 110, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to fund the Shellfish Lease Program. 
Referred to Appropriations Committee. 



February 1, 1995 



1995] SENATE JOURNAL 85 

By Senators Albertson and Warren: 

S.B. Ill, a bill to appropriate funds to the Cooperative Institute for Fisheries 
Oceanography to continue the Shellfish Enhancement Program. 
Referred to Appropriations Committee. 

By Senators Albertson and Warren: 

S.B. 112, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to fund the Division of Marine Fisheries to increase law 
enforcement personnel. 

Referred to Appropriations Committee. 

By Senators Albertson and Warren: 

S.B. 113, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to fund the official activities of the Marine Fisheries Com- 
mission. 

Referred to Appropriations Committee. 

By Senators Albertson and Warren: 

S.B. 114, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to fund the Shellfish Mapping Program. 
Referred to Appropriations Committee. 

By Senators Winner, Gulley, Cooper, Carpenter, and Odom: 
S.B. 115, a bill to authorize the creation of self-insurance trust funds to provide 
professional liability insurance coverage for State employees and to appropriate 
funds to a reserve fund to provide the initial funding if the trust is created. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Winner, Gulley, Cooper, Carpenter, and Odom: 
S.B. 116, a bill to amend the laws providing for the defense of State employees 
from tort claims arising in the scope or course of their employment. 
Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Gulley, Cooper, Carpenter, and Odom: 
S.B. 117, a bill to create the State and Local Government Tort Liability and 
Immunity Study Commission. 
Referred to Appropriations Committee. 

By Senators Winner, Gulley, Cooper, Carpenter, Forrester, Odom, Hobbs, and 
Kerr: 

S.B. 118, a bill to clarify that unpaid volunteer medical directors for emergency 
medical services (EMS) agencies are covered by the good Samaritan statute. 

Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Gulley, Cooper, Carpenter, Hobbs, and Odom: 
S.B. 119, a bill to provide qualified immunity to professional engineers who 
voluntarily provide engineering services during an emergency without compensa- 
tion. 
Referred to Judiciary I/Constitution Committee. 



February 1, 1995 



86 SENATE JOURNAL [Session 

By Senators Kerr, Cochrane, Hoyle, Carpenter, Forrester, and Foxx: 
S.B. 120, a bill to provide uniform tax treatment of North Carolina obligations 
and federal obligations. 
Referred to Finance Committee. 

By Senators Kerr, Cochrane, Hoyle, Carpenter, Forrester, Hobbs, and Foxx: 
S.B. 121, a bill to increase the Class A inheritance tax credit, to reduce the 
inheritance and gift tax rates for Class B and C beneficiaries, to conform North 
Carolina inheritance and gift tax provisions to federal estate and gift tax provisions 
regarding qualified terminable interest property, and to make other inheritance tax 
changes. 
Referred to Finance Committee. 

The Chair extends courtesies of the floor to Helen Marvin, former Senator from 
Gaston County. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 3, a bill to provide for a referendum to amend the Constitution to provide 
for a gubernatorial veto, upon second reading. 

Senator Simpson offers Amendment No. 1 which fails of adoption (23-26). 

Senator Cochrane offers Amendment No. 2 which fails of adoption (23-26). 

Receiving a three-fifths affirmative majority vote, the bill passes its second read- 
ing by roll-call vote, ayes 46, noes 3, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Warren, and Webster — 46. 

Voting in the negative: Senators Ballance, Gulley, and Winner — 3. 

With unanimous consent, the bill remains before the Senate for further consider- 
ation upon its passage upon third reading. 

Receiving a three-fifths affirmative majority vote, the bill passes its third 
reading by roll-call vote, ayes 46, noes 3, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Warren, and Webster — 46. 

Voting in the negative: Senators Ballance, Gulley, and Winner — 3. 

The bill is ordered sent to the House of Representatives. 

The Chair extends courtesies of the floor to Lura Tally, former Senator from 
Cumberland County. 

On motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns 
at 2:48 P.M. to meet tomorrow, February 2, at 2:00 P.M. 



February 1, 1995 



1995] SENATE JOURNAL 87 

SIXTH DAY 

Senate Chamber, 
Thursday, February 2, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Leroy E. Davis, Pastor of Mount Gilead 
Baptist Church, Durham, North Carolina, as follows: 

"Eternal God, our Heavenly Father, 'our Help in ages past; our Hope for years 
to come; our Shelter from the stormy blast, and our Eternal Home.' All Wise 
and Beneficent God, we come now to beseech Your Divine Counsel upon these 
elected and appointed officials. We pray, Dear God, that You will bless them with 
Your Divine Counsel. We pray that You give them the insight and the vision they 
need to deal with challenging ideas, ideologies, and philosophies. We pray, our 
Father, that You will embrace them with Your Love and Your Understanding as 
they seek to carry out the challenges before them. In the Name of Christ, we 
pray. Amen" 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
February 1, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. M. W Wester 
of Henderson who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and it is 
duly ratified and sent to the Office of the Secretary of State: 

S J.R. 2, a joint resolution informing his Excellency, Governor James B. Hunt, 
Jr., that the General Assembly is organized and ready to proceed with public 
business and inviting the Governor to address a joint session of the Senate and 
House of Representatives. (Res. 1) 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 4, a bill to repeal the law providing that a defendant may choose im- 
prisonment rather than probation or an alternative punishment and to amend the 
Constitution to provide that probation, restitution, community service, work pro- 
grams, and other restraints on liberty are punishments that may be imposed on a 
person convicted of a criminal offense, with a favorable report. 

On motion of Senator Cooper, the bill is placed on the Calendar for Tuesday, 
February 7. 



February 2, 1995 



88 SENATE JOURNAL [Session 

ADDITIONAL ENDORSEMENT 

Senator Foxx requests to be recorded endorsing a bill previously introduced: 
S.B. 118, a bill to clarify that unpaid volunteer medical directors for emergency 
medical services (EMS) agencies are covered by the good Samaritan statute. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Webster, Davis, East, Little, Forrester, Allran, Horton, Foxx, 
Carrington, McDaniel, Hartsell, Kerr, Cochrane, Ballantine, and Shaw: 

S J.R. 122, a joint resolution authorizing the Legislative Research Commission to 
study interstate tax cooperation to eliminate multiple filing by individuals who owe 
income tax to more than one state. 

Referred to Appropriations Committee. 

By Senators Kincaid, Cochrane, McDaniel, Webster, Forrester, Carrington, 
Ballantine, Foxx, East, Davis, Horton, Smith, Little, Simpson, Ledbetter, Clark, 
McKoy, Blackmon, Hartsell, and Carpenter: 

S.B. 123, a bill to repeal the intangibles tax, to reimburse local governments for 
their resulting revenue loss, and to phase in State funding of mandated local pro- 
grams as reimbursement in future years. 

Referred to Finance Committee. 

By Senator Parnell: 

S.J.R. 124, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks. 
Referred to Commerce Committee. 

By Senators Carpenter, Martin of Pitt, Cochrane, Speed, Parnell, and Foxx: 
S.B. 125, a bill to remove the sunset on reverse mortgages. 
Referred to Commerce Committee. 

By Senators Cochrane, Carpenter, Speed, Martin of Pitt, Perdue, Hoyle, and 
Parnell: 

S.B. 126, a bill to create the long-term care subcommittee and to provide for 
the creation of other subcommittees of the North Carolina Study Commission on 
Aging and to make changes to the long-term care law. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Cochrane, Carpenter, Speed, Martin of Pitt, Perdue, Hoyle, Parnell, 
and Foxx: 

S.B. 127, a bill to impose criminal penalties for the abuse, neglect, or exploita- 
tion of disabled or elder adults living in a domestic setting. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cochrane, Carpenter, Speed, Martin of Pitt, Hoyle, Parnell, and 
Martin of Guilford: 

S.B. 128, a bill to appropriate funds to increase funding for in-home aide 
services and caregiver support services. 

Referred to Appropriations Committee. 



February 2, 1995 



1995] SENATE JOURNAL 89 

By Senators Martin of Pitt, Hoyle, and Cochrane: 

S.B. 129, a bill to appropriate funds to increase funding to the North Carolina 
Elderly and Disabled Transportation Assistance Program. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt, Hoyle, Carpenter, and Foxx: 

S.B. 130, a bill to increase the monthly benefits from the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund and the monthly member 
contribution and to declare the intent of the legislature to provide cost-of-living 
increases, as funds are available. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Jordan, Warren, Kerr, Martin of Pitt, and Ballance: 
S.B. 131, a bill to appropriate funds to the Rural Economic Development 
Center, Incorporated, for job training in Eastern North Carolina. 
Referred to Appropriations Committee. 

COMMITTEE APPOINTMENTS 

The President Pro Tempore announces changes in assignments to Standing 
Committees as follows: 



AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Senator Plexico is named Vice-Chairman. 
Senator Cochrane is named Ranking Minority Member. 
Senator Horton and Senator Kincaid are appointed. 
Senator Ballantine and Senator McDaniel are removed. 

APPROPRIATIONS 
BASE BUDGET 

Senator Blackmon and Senator Carrington are named Vice-Chairmen. 

COMMERCE 

Senator Edwards, Senator Forrester, and Senator Ballantine are appointed. 
Senator Sawyer is removed. 

EDUCATION/HIGHER EDUCATION 

Senator Hartsell is named Vice-Chairman. 

Senator Cooper and Senator Simpson are appointed. 

JUDICIARY I/CONSTITUTION 

Senator Odom and Senator Winner are named Vice-Chairmen. 

JUDICIARY D/ELECTION LAWS 

Senator Kerr is named Vice-Chairman. 
Senator Kincaid is appointed. 
Senator Forrester is removed. 



February 2, 1995 



90 SENATE JOURNAL [Session 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS 

Senator Plyler is removed. 

PENSIONS AND RETIREMENT/INSURANCE/STATE PERSONNEL 

Senator Shaw is named Ranking Minority Member. 

Senator Speed, Senator Odom, Senator Smith, Senator Carpenter and Senator 

McDaniel are appointed. 

Senator Horton is removed. 

TRANSPORTATION 

Senator Gulley is named Vice-Chairman. 

Senator Simpson is named Ranking Minority Member. 

Senator Carrington is appointed. 

Senator Kincaid is removed. 

WAYS AND MEANS 

Senator Sawyer is appointed. 
Senator McDaniel is removed. 

RULES AND OPERATION OF THE SENATE 

Senator Simpson is named Vice-Chairman. 

Senator Hartsell is named Ranking Minority Member. 

Senator Jordan and Senator Horton are appointed. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 13 (Committee Substitute), a bill to further reduce employers' unemploy- 
ment insurance taxes, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
February 6, for further consideration, upon third reading. 

S.B. 16, a bill directing the State Board of Education to recommend changes in 
the public school system. 

The bill passes its second (48-0) and third readings and is ordered sent to the 
House of Representatives. 

On motion of Senator Basnight, seconded by Senator Dannelly, the Senate 
adjourns at 2:56 P.M. to meet Monday, February 6, at 7:00 P.M. 



February 2, 1995 



1995] SENATE JOURNAL 91 

SEVENTH DAY 

Senate Chamber, 
Monday, February 6, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, if the weekends already seem shorter and the distance between 
home and Raleigh seems greater, encourage the Senators and staff by reassuring 
them that this is, for a time, a place to which You have called them. 

"The kind of work You call us to do, our vocation, is usually the kind of work 
that we need most to do and that the world most needs to have done. 

"So let this Senate Chamber be that place of calling, a place where a deep 
gladness to serve and the deep needs of our State's people meet. Hear and 
answer our prayer, O Lord. Amen." 

Senator Conder, Majority Leader, announces the Journal of Thursday, 
February 2, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Hartsell, to attend a meeting of the Cabarrus County Board of Commis- 
sioners; to Senator Smith, for scheduled health tests; and to Senator Cooper, due 
to medical reasons. 

The President of the Senate extends courtesies of the floor to Dr. Charles H. 
Mann of Cary, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Kincaid: 

S.B. 132, a bill to change the pay date for the Caldwell County Schools. 

Referred to Education/Higher Education Committee. 

By Senator Carpenter: 

S.B. 133, a bill to allow Graham County to employ attachment or garnishment 
and to obtain a lien for ambulance services and to make it a misdemeanor to 
obtain ambulance services without intent to pay or to make an unneeded ambu- 
lance request in Graham County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 134, a bill to increase the amount that is deposited in the Repairs and 
Renovations Reserve Account each year and to limit the purposes for which funds 
in the Reserve Account may be used. 

Referred to Appropriations Committee. 



February 6, 1995 



92 SENATE JOURNAL [Session 

By Senators Plyler, Perdue, and Odom: 

S.B. 135, a bill to make continuation and expansion budget appropriations for 
current operations of State departments, institutions, and agencies, and for other 
purposes. 

Referred to Appropriations Committee. 

By Senators Plyler, Perdue, and Odom: 

S.B. 136, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Odom, Plyler, and Perdue: 

S.B. 137, a bill to appropriate funds for capital improvements for State depart- 
ments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Odom, Plyler, and Perdue: 

S.B. 138, a bill to enact the 1995 base budget for current operations of State 
departments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators McKoy, Ballance, Jordan, and Lucas: 

S.B. 139, a bill to eliminate the detrimental use of labeling and tracking a child 
with special needs. 
Referred to Education/Higher Education Committee. 

By Senators Carpenter, Albertson, Kerr, Little, Clark, Ledbetter, Paraell, Perdue, 
Foxx, Davis, Smith, Hoyle, McDaniel, East, Ballantine, Allran, Warren, Cochrane, 
Martin of Pitt, Hartsell, Lucas, Dannelly, Speed, Edwards, Blackmon, Jordan, and 
Forrester: 

S.B. 140, a bill to require the observance of a moment of silence in all school 
units and to ensure freedom of religion in the public schools. 

Referred to Education/Higher Education Committee. 

By Senators Perdue, Plyler, and Odom: 

S.B. 141, a bill to appropriate funds to provide capital improvements for State 
departments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Perdue, Plyler, and Odom: 

S.B. 142, a bill to appropriate funds for current operations of State departments, 
institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Ballance, Dannelly, Edwards, Jordan, Lucas, Martin of Guilford, 
and McKoy: 

S.B. 143, a bill to repeal the restrictions on dealings with South Africa now that 
the policies of that Country have changed. 

Referred to Commerce Committee. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 



February 6, 1995 



1995] SENATE JOURNAL 93 

S.B. 13 (Committee Substitute), a bill to further reduce employers' unemploy- 
ment insurance taxes, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, Odom, Par- 
nell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Warren, 
Webster, and Winner — 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

COMMITTEE APPOINTMENTS 

The President Pro Tempore announces clarification of assignments to Standing 
Committees announced on Thursday, February 2, as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Senator Cochrane is redesignated Ranking Minority Member. 
Senator Shaw remains a member of the Committee. 

RULES AND OPERATION OF THE SENATE 

Senator Hartsell is redesignated Ranking Minority Member. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Jane Anthony, Washington; Amanda Leigh Barker, Dallas; Eric Thomas Boggs, 
Dallas; Miles Christian Daniels, Wanchese; Joshua Sykes Davis, Elizabeth City; 
Samuel John Davis, Elizabeth City; Donald Etheridge, Manteo; Caroline A. Fisher, 
Charlotte; Elizabeth Garner, Washington; Trenton Harris Johnston, Matthews; 
Evan E. Martin, Charlotte; Sheereen Miller, Charlotte; James O'Neal, Jr., 
Washington; Kelly Phillips, Washington; Kathryn Blair Strickland, Greenville; and 
Leslie Jill Strickland, Shelby. 

On motion of Senator Basnight, seconded by Senator Little, the Senate adjourns 
at 7:14 P.M. to meet tomorrow, Tuesday, February 7, at 1:30 P.M. 



EIGHTH DAY 

Senate Chamber, 
Tuesday, February 7, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



February 7, 1995 



94 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"We unite our hearts, O God, in this prayer that You will teach us how to trust 
in You as a Heavenly Father Who loves us and Who is concerned about what we 
do and what we are. It is not that we have no faith; it is more likely that we are 
reluctant to put our faith into action. 

"So teach us, before we head off in our own direction, that You are willing to 
lead us, to show us what to do, allowing us to be partners with You in doing 
always what is right. We pray earnestly for such a partnership today. Amen.'* 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 6, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith, due to medical tests. 

The President of the Senate extends courtesies of the floor to Dr. Sam Atkinson 
of Greenville, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 27, a bill to repeal the prison population cap, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed Com- 
mittee Substitute bill 7535 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

The Chair orders the measure placed on the Calendar for Wednesday, 
February 8, for further consideration. 

By Senator Parnell for the Commerce Committee: 

S J.R. 124, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks, with a favorable report. 

By Senator Sherron for the Finance Committee: 

S.B. 8, a bill to repeal the intangibles tax and to reimburse local governments for 
their resulting revenue loss, with a favorable report, as amended. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 



February 7, 1995 



1995] SENATE JOURNAL 95 

By Senators Shaw and Carpenter: 

S.B. 144, a bill to increase the intangibles tax minimum filing threshold to five 
hundred dollars. 
Referred to Finance Committee. 

By Senators McDaniel, Foxx, Carrington, Horton, McKoy, Clark, Carpenter, and 
Ledbetter: 
S.B. 145, a bill to establish a State Employee Incentive Program. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Albertson and Carpenter: 

S.B. 146, a bill to amend the Seed Law. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan and Carpenter: 

S.B. 147, a bill to require the Department of Environment, Health, and Natural 
Resources to develop a program to monitor the environmental and biological 
effects of pesticide use and prepare an annual report of pesticide-related illnesses, 
injuries, and deaths, and to make certain technical corrections. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan and Carpenter: 

S.B. 148, a bill to require private applicators of restricted use pesticides to report 
their pesticide use and, in order to be eligible for recertification, to complete 
additional training. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan and Carpenter: 

S.B. 149, a bill to require an environmentalist and a farmworker advocate to be 
appointed to the North Carolina Pesticide Board. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan and Carpenter: 

S.B. 150, a bill to require an organic farmer, an environmentalist, and a farm- 
worker advocate to be appointed to the Pesticide Advisory Committee. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan and Carpenter: 

S.B. 151, a bill to impose a tax upon motor oil at the point of first sale and to 
establish the Used Oil Collection Program to encourage the proper management of 
used oil generated by private citizens who change their own oil. 

Referred to Finance Committee. 

By Senators Kerr and Carpenter: 

S.B. 152, a bill to provide that the Department of Transportation shall pay for 
the nonbetterment relocation of sanitary district utilities. 
Referred to Transportation Committee. 



February 7, 1995 



96 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting 
the following joint resolution which is read the first time and disposed of, as 
follows: 

H J.R. 91, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks. 

On motion of Senator Parnell, the rules are suspended, without objection, and 
the joint resolution is placed on the Calendar for tomorrow for consideration in its 
regular order of business. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 52, a bill to create the State-Owned Submerged Lands Advisory Committee 
and to require that the Advisory Committee make its final report to the General 
Assembly on or before May 1, 1995, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 1534 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 4, a bill to repeal the law providing that a defendant may choose imprison- 
ment rather than probation or an alternative punishment and to amend the Consti- 
tution to provide that probation, restitution, community service, work programs, 
and other restraints on liberty are punishments that may be imposed on a person 
convicted of a criminal offense, upon second reading. 

Receiving a three-fifths affirmative majority vote, the bill passes its second read- 
ing by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, 
Rand, Shaw, Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

With unanimous consent the bill remains before the Senate for further consider- 
ation upon third reading. 



February 7, 1995 



1995] SENATE JOURNAL 97 

Receiving a three-fifths affirmative majority vote, the bill passes its third reading 
by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



REMARKS 



Senator Carpenter rises and offers remarks which, upon motion of Senator All- 
ran, are spread upon the Journal, as follows: 

"Thank you, Mr. President. Senator Conder and I were talking after Session last 
night about the death of a great man from the mountains. His name is James 
Plexico. This fine, fine gentleman was well on his way to his hundred and first 
birthday, and happened to be the grandfather of Senator Clark Plexico. Many of 
you remember Reverend Clyde Plexico, Clark's dad, and he did our chaplain 
prayers for a week, back when Clark was a freshman. Clyde and his deceased 
father were both Presbyterian ministers; so, Clark, we offer you our condolences 
here in the Senate, and we congratulate you on the fine eulogy that you delivered 
at the funeral at High Point last Saturday. I would simply say, may his soul and 
the souls of all the faithful departed to the mercy of God rest in peace." 

RECALL FROM COMMITTEE 

S.B. 52 (Committee Substitute), a bill to create the State-Owned Submerged 
Lands Advisory Committee and to require that the Advisory Committee make its 
final report to the General Assembly on or before May 1, reported from the 
Agriculture/Environment/Natural Resources Committee and re-referred to the 
Appropriations Committee earlier today. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the Committee Substitute 
bill be taken from the Appropriations Committee and placed on the Calendar for 
tomorrow, Wednesday, February 8, upon its passage, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Appropriations 
Committee and placed on the Calendar for tomorrow, February 8, for consider- 
ation upon its passage. 

COMMITTEE APPOINTMENTS 

Senator Basnight, President Pro Tempore, announces further appointments to 
Standing Committees announced on Monday, February 6, as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Senator McDaniel is re-appointed. 
Senator Carrington is removed. 



February 7, 1995 



98 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Edwards, the Senate 
adjourns at 2:02 P.M. to meet tomorrow, February 8, at 1:30 P.M. 



NINTH DAY 

Senate Chamber, 
Wednesday, February 8, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. James B. Lankford, Director of Ministries, Tabor City 
Baptist Church, Tabor City, as follows: 

"Our Heavenly Father, as we open the Session of the North Carolina Senate, we 
pause to recognize that You are our God. We pause to remind ourselves that 
Your Ways are higher than our ways and Your Thoughts purer than our thoughts. 

"Father, the problems facing our Senate today and every day require wisdom 
beyond the cognitive ability of mankind. You have promised that if we will ask 
You for wisdom that You will give it liberally without finding fault. You only 
require that we believe and not doubt. 

"My prayer is that all of our legislators accept and use that Divine Wisdom. 
I pray that they will be courageous, compassionate, honest, and fair. 

"Help them to know that a positive example, whether here on the Senate floor 
or on Main Street in their home district, is more powerful than a dozen laws. 
I pray, Holy Father, that their actions will be actions You can bless. 

"In the name of Jesus Christ, my Lord and Saviour, I pray, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 7, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith due to scheduled medical tests. 

The President of the Senate extends courtesies of the floor to Dr. Daniel B. 
Jobe of Winston-Salem, who is serving the Senate as Doctor of the Day. 

CALENDAR 

H J.R. 91, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks, on today's Calendar. 

With unanimous consent, upon motion of Senator Parnell, the joint resolution is 
placed on the Calendar as the first order of business. 



February 8, 1995 



1995] SENATE JOURNAL 99 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Kincaid: 

S.B. 153, a bill to remove the requirements that Granite Falls ABC stores be 
audited quarterly. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Simpson: 

S.B. 154, a bill to increase the minimum property damage amount for a report- 
able motor vehicle accident and to resolve inconsistencies in the law concerning 
accident reports. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Simpson: 

S.B. 155, a bill to authorize the Division of Motor Vehicles to issue a temporary 
license plate that is valid for up to sixty days. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Perdue: 

S.B. 156, a bill to provide that firefighters and emergency medical service 
personnel may possess or carry weapons on school grounds when discharging their 
official duties. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Jordan, Soles, and Ballantine: 

S.B. 157, a bill to appropriate funds for a Marine Sciences Research and Educa- 
tion Center at the University of North Carolina at Wilmington. 
Referred to Appropriations Committee. 

By Senators Albertson, Warren, Parnell, Hoyle, McDaniel, Lucas, Carpenter, 
Davis, Smith, Hobbs, Martin of Guilford, Dannelly, Martin of Pitt, Odom, Kerr, 
Hartsell, and Plexico: 

S.B. 158, a bill to provide funds for law enforcement officers to ensure school 
safety. 

Referred to Appropriations Committee. 

By Senators Hartsell, Winner, Cochrane, Allran, and Plexico: 

S.B. 159, a bill to rewrite Chapter 48 of the General Statutes relating to 

adoption as recommended by the General Statutes Commission. 
Referred to Judiciary I/Constitution Committee and upon a favorable report, 

re-referred to the Finance Committee. 

By Senators Winner, Gulley, Odom, Carpenter, and Cooper: 
S.B. 160, a bill to require the State to defend county child protective services 
social workers, adult protective services social workers, and foster care social work- 
ers from liability arising from the performance of their official duties. 
Referred to Judiciary I/Constitution Committee. 



February 8, 1995 



100 SENATE JOURNAL [Session 

By Senators Martin of Pitt and Warren: 

S.B. 161, a bill to appropriate funds for the Eastern North Carolina Agricultural 
Center. 
Referred to Appropriations Committee. 

By Senator Hoyle: 

S.B. 162, a bill to delay the effective date of the changes made in 1994 to the 
laws concerning the tinting of windows on motor vehicles. 
Referred to Transportation Committee. 

CALENDAR 

Bills and a resolution on the Calendar are taken up and disposed of, as follows: 

H J.R. 91, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks, placed as the first order of busi- 
ness earlier today. 

Voting to confirm the appointment of Hal D. Lingerfelt as Commissioner of 
Banks are: Senators Albertson, Allran, Ballance, Ballantine, Basnight, Blackmon, 
Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, East, Edwards, 
Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Sherron, Simpson, 
Soles, Speed, Warren, and Winner — 46. 

The joint resolution passes its second (46-0) and third readings. The joint 
resolution is ordered enrolled. 

The Chair extends courtesies of the gallery to Commissioner Lingerfelt and offers 
congratulations on behalf of the Senate. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees out of the regular order of business, 
read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 75, a bill to allow an extension of time for the City of Raeford to file an 
application for a sales tax refund, with a favorable report. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 5, a bill to amend the Constitution to change the composition of the State 
Board of Education and make the Superintendent of Public Instruction an 
appointee of the State Board of Education, and to make corresponding statutory 
changes, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 



February 8, 1995 



1995] SENATE JOURNAL 101 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 8535 is placed before the Senate for immediate 
consideration, and on his further motion, is adopted. 

The Chair orders the Committee Substitute bill placed on the Calendar for 
tomorrow, Thursday, February 9, upon second reading. 

CALENDAR (Continued) 

S.B. 8, a bill to repeal the intangibles tax and to reimburse local governments for 
their resulting revenue loss, upon second reading. 

On motion of Senator Kerr, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, 
Rand, Sawyer, Shaw, Sherron, Simpson, Soles, Speed, Warren, Webster, and 
Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, Thurs- 
day, February 9, for further consideration upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is 
duly ratified and sent to the Office of the Secretary of State: 

H J.R. 91, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks. (Res. 2) 

The Chair declares the Commissioner of Banks confirmed and orders statutory 
notification pursuant to G.S. 143-47.7. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 2 House of Representatives 

February 8, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
pursuant to SJR 2 - A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE 
SENATE AND HOUSE OF REPRESENTATIVES, the Speaker has appointed 



February 8, 1995 



102 SENATE JOURNAL [Session 

the following members of the House of Representatives to serve with a like com- 
mittee of the Senate to invite, greet, and escort the Governor to the Joint Session: 

Representative Daughtry, 
Representative Black, 
Representative Russell, 
Representative Cummings, 
Representative Blue, and 
Representative Thompson 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

CALENDAR (Continued) 

S.B. 27 (Committee Substitute), a bill to repeal the prison population cap. 
With unanimous consent, on motion of Senator Odom the Committee Substitute 
bill is temporarily displaced. 

S.B. 52 (Committee Substitute), a bill to create the State-Owned Submerged 
Lands Advisory Committee and to require that the Advisory Committee make its 
final report to the General Assembly on or before May 1, 1995. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 27 (Committee Substitute), a bill to repeal the prison population cap, 
temporarily displaced earlier. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

S J.R. 124, a joint resolution providing for the confirmation of the appointment 
of Hal D. Lingerfelt as Commissioner of Banks. 

On motion of Senator Parnell, the joint resolution is recommitted to the 
Commerce Committee. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly 
submits a report (See Addendum) which is ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 321, Section 302 of the 1993 Session Laws, the North 
Carolina Department of Commerce submits the Petroleum Overcharge Expenditure 
Report. 

ESCORT COMMITTEE 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints 
Senator Soles, Senator Conder, Senator Ballance, and Senator Cochrane to greet 
and escort the Honorable James B. Hunt, Jr., Governor, to the Joint Session of the 
General Assembly tomorrow, Thursday, February 9, pursuant to Resolution 1. 



February 8, 1995 



1995] SENATE JOURNAL 103 

A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

On motion of Senator Basnight, seconded by Senator Webster, the Senate 
adjourns at 2:29 P.M. to meet tomorrow, Thursday, February 9, at 10:00 A.M. 



TENTH DAY 

Senate Chamber, 
Thursday, February 9, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, the state of the State is always a top-of-mind issue for the men 
and women of the Senate. The state of the State is why they labor long hours in 
committee meetings and in this Chamber. 

"Remind us also that the state of our relationship with You, O God, is of even 
greater importance because the vision that we glorify in our minds, the ideal that 
we enthrone in our hearts — this we shall build our lives by, this we shall become. 

"In Your Holy Name we pray, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 8, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith, due to scheduled medical tests. 

The President of the Senate extends courtesies of the floor to Dr. R. V. Liles of 
Albemarle, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senator Soles: 

S.B. 163, a bill to appoint members of the Whiteville City Board of Education. 

Referred to Local Government and Regional Affairs Committe pursuant to Rule 
43. 

On motion of Senator Soles, the rules are suspended, and the bill is placed on 
the Calendar for today for consideration upon its passage over the recommenda- 
tion for referral to committee. 



February 9, 1995 



104 SENATE JOURNAL [Session 

By Senators Odom, Hobbs, Jordan, Plexico, Conder, Plyler, Parnell, Sherron, 
Lucas, Edwards, Ballance, Blackmon, Winner, Warren, Hoyle, Forrester, Albertson, 
Carpenter, Carrington, and Gulley: 

S.B. 164, a bill to mandate criminal history checks of all foster parents in 
licensed family foster homes and to appropriate funds. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Odom, Hobbs, Plexico, Jordan, Conder, Plyler, Parnell, Sherron, 
Lucas, Edwards, Ballance, Winner, Warren, Hoyle, Forrester, Albertson, Carpenter, 
Carrington, and Gulley: 

S.B. 165, a bill to mandate criminal history checks of child day care providers, 
to study the use of the Central Registry on Child Abuse and Neglect, and to 
appropriate funds. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Kerr, Ballance, and Hartsell: 

S.B. 166, a bill to amend certain provisions of law that regulate attorneys-at-law. 
Referred to Judiciary II/EIection Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Kerr and Hoyle: 

S.B. 167, a bill to allow counties not to bill for certain property taxes when the 
amount due on the tax bill is less than the cost of preparing and sending the bill. 
Referred to Finance Committee. 

By Senators Ballance, Kincaid, Foxx, and McDaniel: 

S.B. 168, a bill requiring just compensation for taking of outdoor advertising. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Odom, Blackmon, Winner, and Dannelly: 

S.B. 169, a bill to require the Department of Environment, Health, and Natural 
Resources to inspect oil terminal facilities in the State and monitor these facilities 
to determine whether oil is leaking from aboveground storage tanks at the facilities 
to the land, waters, or air of the State and to appropriate funds to the Department 
to implement this act. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Odom: 

S.B. 170, a bill to eliminate double taxation of a motor vehicle when the owner 
moves away and then returns to the State within one year. 
Referred to Finance Committee. 

By Senators Foxx, McDaniel, Kincaid, Carrington, Blackmon, Clark, Ledbetter, 
Horton, McKoy, Simpson, Cochrane, Shaw, Sawyer, Forrester, Little, Davis, 
Webster, Carpenter, Hartsell, and Allran: 

S.B. 171, a bill to limit the liability of landowners to members of the public 
entering the land for educational and recreational purposes. 

Referred to Judiciary I/Constitution Committee. 



February 9, 1995 



1995] SENATE JOURNAL 105 

By Senators Jordan, Soles, and Ballantine: 

S.B. 172, a bill to appropriate funds for a Marine Sciences Research and 
Education Center at the University of North Carolina at Wilmington. 
Referred to Appropriations Committee. 

By Senators Jordan and Plexico: 

S.B. 173, a bill to require that, for a permanent rule, agencies give notice of 
proposed rule-making proceedings, followed by publishing the proposed text of the 
permanent rule or publishing a subject matter notice of the rule and to provide for 
optional publishing of agendas that describe the substantive areas with respect to 
a proposed rule. 

Referred to Judiciary H/EIection Laws Committee. 

By Senators Jordan and Plexico: 

S.B. 174, a bill to prohibit the aerial application of pesticides within three 
hundred feet of a residence and to prohibit the aerial application of pesticides 
without notifying occupants of nearby buildings twenty-four hours before the 
application. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Jordan: 

S.B. 175, a bill to remove the exemption that prevented the State from regu- 
lating mining on federal land. 
Referred to Commerce Committee. 

By Senators Plexico, Winner, Jordan, Hobbs, Conder, and Plyler: 

S.R. 176, a Senate simple resolution to establish the procedure for nominating 

and electing members of the Board of Governors of the University of North 

Carolina. 
Referred to Education/Higher Education Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 163, a bill to appoint members of the Whiteville City Board of Education, 
placed earlier today on the Calendar upon its passage. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 8, a bill to repeal the intangibles tax and to reimburse local governments for 
their resulting revenue loss, as amended, upon third reading. 

Senator Gulley offers Amendment No. 2, held to be material, and proposing to 
change the title to read, S.B. 8, a bill to repeal the intangibles tax and to raise 
revenues to provide funds to reimburse local governments for their resulting 
revenue loss. Amendment No. 2 fails of adoption (7-39) and the question reverts 
to passage of the bill, as amended. 



February 9, 1995 



106 SENATE JOURNAL [Session 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, 
Shaw, Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Represen- 
tatives. 

S.B. 5 (Committee Substitute), a bill to amend the Constitution to change the 
composition of the State Board of Education and make the Superintendent of 
Public Instruction an appointee of the State Board of Education, and to make 
corresponding statutory changes, upon second reading. 

Senator Cochrane offers Amendment No. 1 which is adopted (47-1). 

Receiving a three-fifths affirmative majority vote, the Committee Substitute bill, 
as amended, passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

With unanimous consent, the Committee Substitute bill, as amended, remains 
before the Senate for further consideration upon its third reading. 

Receiving a three-fifths affirmative majority vote, the Committee Substitute bill, 
as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, 
Shaw, Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 48. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 75, a bill to allow an extension of time for the City of Raeford to file an 
application for a sales tax refund. 

The bill passes its second (46-0) and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 



February 9, 1995 



1995] SENATE JOURNAL 107 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S J.R. 2 House of Representatives 

February 9, 1995 

Mr. President- 
It is ordered that a message be sent your Honorable Body with the information 
that pursuant to SJR 2, A JOINT RESOLUTION INFORMING HIS 
EXCELLENCY, GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL 
ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH PUBLIC 
BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT 
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES, the 
House of Representatives stands ready to receive the Senate in Joint Session. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The President orders a special message sent to the House of Representatives 
informing that Honorable Body that the Senate stands ready to repair to the Hall 
of the House of Representatives pursuant to S J.R. 2, a joint resolution informing 
His Excellency, Governor James B. Hunt, Jr., that the General Assembly is orga- 
nized and ready to proceed with public business and inviting the Governor to 
address a joint session of the Senate and House of Representatives. 

Senator Basnight offers a motion, seconded by Senator McKoy, that the Senate 
stand in recess to repair to the Hall of the House of Representatives, there to sit 
in Joint Session, for the purpose of receiving the State-of-the-State address and 
on his further motion, upon dissolution of the Joint Session, to adjourn to meet 
Monday, February 13, at 8:00 P.M., which motions prevail. 

The Chair declares the Senate in recess. The Senate, preceded by its officers, 
repairs to the Hall of the House of Representatives. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives 
standing. 

The Speaker continues to preside and recognizes the Sergeant-at-Arms of the 
House of Representatives who announces the members of the Governor's Cabinet. 
The Speaker directs the Sergeant-at-Arms to open the doors of the House of 
Representatives and to escort the members of the Governor's Cabinet to their 
seats. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the Chief Judge and Associate Judges of the North Carolina Court 
of Appeals. The Speaker directs the Sergeant-at-Arms to open the doors of the 
House of Representatives and to escort the Chief Judge and Associate Judges of 
the North Carolina Court of Appeals to their seats. 



February 9, 1995 



108 SENATE JOURNAL [Session 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the members of the Council of State. The Speaker directs the 
Sergeant-at-Arms to open the doors of the House of Representatives and to 
escort the members of the Council of State to their seats. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the Chief Justice and Associate Justices of the Supreme Court of 
North Carolina. The Speaker directs the Sergeant-at-Arms to open the doors of 
the House of Representatives and to escort the Chief Justice and Associate Justices 
of the Supreme Court of North Carolina to their seats. 

The Speaker extends courtesies of the gallery to Mrs. James B. Hunt, Jr., wife of the 
Governor; Mrs. Dennis A. Wicker, wife of the Lieutenant Governor; and all guests. 

Speaker Brubaker relinquishes the gavel to Lieutenant Governor Dennis A. Wicker, 
President of the Senate, who presides. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of 
Representatives, who announces the presence of His Excellency, the Governor, the 
Honorable James B. Hunt, Jr. The President of the Senate directs the Sergeant- 
at-Arms of the House of Representatives and the Senate to escort the Committees 
appointed by the President Pro Tempore of the Senate and the Speaker of the 
House of Representatives to escort the Governor to the Well of the House of 
Representatives. Senator Soles presents the Governor to the President of the 
Senate. The President of the Senate presents His Excellency, Governor James B. 
Hunt, Jr., to the General Assembly who delivers the State-of-the-State address to 
the 1995 General Assembly. (See Appendix) 

On motion of Senator Basnight, the Joint Session is dissolved and pursuant to 
the motion heretofore made, the Senate stands adjourned at 12:35 P.M. to meet 
Monday, February 13, at 8:00 P.M. 



ELEVENTH DAY 

Senate Chamber, 
Monday, February 13, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"At the beginning of a new week in the Senate, O God, let us hear again Your 
Words, 'Choose this day whom you will serve.' 

"In all the great and small choices that we shall be asked to make, be in our 
hearts and in our choosing so that we may come to each day's end knowing we 
have chosen wisely. For Your sake, Amen." 



February 13, 1995 



1995] SENATE JOURNAL 109 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 9, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 
(43-1) 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Cochrane due to illness; to Senator Plyler due to illness; and to Senator 
Smith due to hospitalization for medical tests. 

The President of the Senate extends courtesies of the floor to Dr. Derek 
Prentice of Raleigh, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Carpenter, Clark, and Ledbetter: 

S.B. 177, a bill to provide for the seizure of a motor vehicle used by a person 
driving with a permanently revoked drivers license. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Foxx and East: 

S.B. 178, a bill to change the pay date for the Alleghany School Administrative 
Unit. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Foxx and East: 

S.B. 179, a bill to modify the membership of the Rockingham Tourism Develop- 
ment Authority. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Shaw, Blackmon, and Gulley: 

S.B. 180, a bill to authorize certain businesses to file quarterly reports with the 
Employment Security Commission by telephone, or to be exempt from filing 
quarterly reports, under certain circumstances. 

Referred to Finance Committee. 

By Senator Soles: 

S.B. 181, a bill exempting Columbus County Hospital, Inc., from certain rules 
and regulations of the Local Government Commission. 
Referred to Judiciary I/Constitution Committee. 



ADDITIONAL ENDORSEMENTS 

Senator Carrington requests to be recorded endorsing bills previously introduced, 
as follows: 

S.B. 164, a bill to mandate criminal history checks of all foster parents in 
licensed family foster homes and to appropriate funds. 



February 13, 1995 



110 SENATE JOURNAL [Session 

S.B. 165, a bill to mandate criminal history checks of child day care providers, 
to study the use of the Central Registry on Child Abuse and Neglect, and to 
appropriate funds. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting 
the following bill which is read the first time and disposed of, as follows: 

S.B. 3 (House Committee Substitute), a bill to provide for a referendum to 
amend the Constitution to provide for a gubernatorial veto, for concurrence in the 
House Committee Substitute bill. 

Recommitted to Judiciary I/Constitution Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 70, a bill to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes. 
Referred to Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 13, 1995 

Mr. President- 
It is ordered that a message be sent your Honorable Body with the information 
that as a result of the February 7, 1995 election, Cynthia B. Watson has been 
administered her oath of office as a member of the House of Representatives from 
the 10th House District for the 141st Session of the North Carolina General 
Assembly. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Joshua Boyd, Durham; Candice Leigh Brown, Tarboro; Rheta Ruth Burton, 
Blanch; Cindy Clark, Wake Forest; Asa Zane Davis, Roxboro; Michael Harris, 
Shelby; Emily Blake Hinman, Winston-Salem; Karen Kiser, Concord; Suzanne 
Markham, Wake Forest; Carrie Marie Niblick, Kannapolis; Stewart Casey Noblett, 
Roxboro; and Justin David Ridge, Charlotte. 



February 13, 1995 



1995] SENATE JOURNAL 111 

On motion of Senator Basnight, seconded by Senator McDaniel, the Senate 
adjourns at 8:15 P.M. to meet tomorrow, Tuesday, February 14, at 2:00 P.M. 



TWELFTH DAY 

Senate Chamber, 
TUesday, February 14, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Quoting an excerpt from a sermon by Dr. R. Wayne Stacy, at First Baptist 
Church, Raleigh, delivered January 19, 1995, prayer is offered by the Reverend 
Mike Morris, Senate Chaplain, as follows: 

"Loving God, it may seem not a little strange to pray about love in this Senate 
Chamber even though the rest of the world on this day is so wrapped up in its 
celebration. Maybe that's because in contemporary parlance love for us means 
almost exclusively a feeling, an emotion, a sentiment — never engaging the mind or 
the judgment or the will. Love has become a noun. 

"But when the greatest Biblical Law ever written commands us to Love You first 
and then our neighbors as our selves, we realize that love is a way of life — a verb. 

"It's not easy, this way called love. It takes courage, a square jaw, a clear mind, 
a thick skin and a short memory. This love takes patience and kindness and hope 
and endurance and commitment and faith, so that the good of the other is re- 
garded as indistinguishable from one's own. 

"That is precisely the kind of love that must be exercised every day in the place. 
Help each of us to live out this way of love, this way of life which you have taught 
by example. Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith due to hospitalization for medical tests, and to Senator Dannelly to 
attend funeral of a family member. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 13, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (38-0). 

The President of the Senate extends courtesies of the floor to Dr. J. Vincent 
Arey of Concord, who is serving the Senate as Doctor of the Day. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 



February 14, 1995 



112 SENATE JOURNAL [Session 

By Senator Parnell for the Commerce Committee: 

S.B. 143, a bill to repeal the restrictions on dealings with South Africa now that 
the policies of that Country have changed, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Gulley, Carpenter, and Hartsell: 

S.B. 182, a bill to provide that if a candidate died before the primary election in 
1994, a refund of the filing fee shall be paid to the estate of the candidate. 

Referred to Judiciary II/EIection Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Parnell, Hartsell, Foxx, Carpenter, and Ballantine: 
S.B. 183, a bill to increase the penalties for drug sales. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Parnell, Carpenter, and Hartsell: 

S.B. 184, a bill to relabel misdemeanor prior conviction levels. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Parnell, Carpenter, and Hartsell: 

S.B. 185, a bill to create a new offense class and punishment row for misde- 
meanor assaults. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Parnell, Carpenter, and Hartsell: 

S.B. 186, a bill to extend the Sentencing Commission. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Parnell, Hartsell, Foxx, Carpenter, and Ballantine: 
S.B. 187, a bill to include impaired driving convictions in felony prior record 
level calculation. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Rand, Perdue, Cochrane, Foxx, Edwards, and Ballantine: 
S.B. 188, a bill to require revocation of the licensing privileges of a person who 
is delinquent in child support payments. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Sherron: 

S.B. 189, a bill relating to fees. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 190, a bill relating to fees. 

Referred to Finance Committee. 



February 14, 1995 



1995] SENATE JOURNAL 113 

By Senators Sherron: 

S.B. 191, a bill relating to fees. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 192, a bill to amend the tax law. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 193, a bill to amend the tax law. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 194, a bill to amend the tax law. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 195, a bill relating to the issuance of bonds. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 196, a bill relating to the issuance of bonds. 

Referred to Finance Committee. 

By Senator Sherron: 

S.B. 197, a bill relating to the issuance of bonds. 

Referred to Finance Committee. 

By Senators Rand, Plexico, Jordan, Edwards, Odom, Hobbs, Conder, Parnell, 
Ballance , Lucas, Soles, Speed, Cooper, Martin of Guilford, Gulley, Perdue, Kerr, 
Warren, Albertson, Dannelly, Martin of Pitt, Hoyle, Sherron, Davis, Hartsell, 
Ballantine, Ledbetter, Forrester, Simpson, Carpenter, Plyler, East, and Webster: 

S.B. 198, a bill to appropriate funds for low-wealth school systems' supplemental 
funding. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



REPORT OF COMMITTEE 



A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 6, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 2532 is placed before the Senate for immediate consider- 
ation, and on his further motion, is adopted. 



February 14, 1995 



114 SENATE JOURNAL [Session 

On motion of Senator Cooper, the Committee Substitute bill is placed on the 
Calendar for tomorrow, Wednesday, February 15, for further consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting 
the following bill which is read the first time and disposed of, as follows: 

H.B. 2, a bill to reduce income taxes for the working people of North Carolina 
by increasing the personal exemption deduction by five hundred dollars and by 
allowing a tax credit of fifty dollars per dependent child. 

Referred to Finance Committee. 

RECALL FROM COMMITTEE 

S.B. 3 (House Committee Substitute), a bill to provide for a referendum to 
amend the Constitution to provide for a gubernatorial veto, referred to 
Judiciary I/Constitution Committee on February 13. 

Senator Cooper offers a motion that the House Committee Substitute bill be 
recalled from the Judiciary I/Constitution Committee, and placed before the 
Senate for consideration upon concurrence, which motions prevail. 

The Chair orders the House Committee Substitute bill taken from the 
Judiciary I/Constitution Committee and placed before the Senate for immediate 
consideration as to concurrence. 

The Senate fails to concur in the House Committee Substitute bill (3-43). 

The Chair extends courtesies of the floor to Marvin Ward, former Senator from 
Forsyth County. 

REPORTS OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 9, a bill to expand the property tax homestead exemption for low-income 
elderly and disabled individuals, with a favorable report. 

H.B. 70, a bill to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes, with a favorable report. 

On motion of Senator Sherron, the rules are suspended and the bill is placed 
before the Senate for immediate consideration upon its passage. The bill passes its 
second (45-0) and third readings and is ordered enrolled. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 3 (House Committee Substitute), a bill to provide for a referendum to 
amend the Constitution to provide for a gubernatorial veto, with the Senate failing 
to concur earlier today. 



February 14, 1995 



1995] SENATE JOURNAL 115 

With unanimous consent, the President Pro Tempore appoints Senator Cooper, 
Chairman, and Senators Cochrane and Martin of Guilford as conferees on the part 
of the Senate to resolve the differences arising between the two Bodies, and a 
special message is ordered sent to the House of Representatives informing that 
Honorable Body of such action and requesting conferees. 

On motion of Senator Basnight, seconded by Senator Plexico, the Senate 
adjourns at 2:25 P.M. to meet tomorrow, Wednesday, February 15, at 2:00 P.M. 



THIRTEENTH DAY 

Senate Chamber, 
Wednesday, February 15, 1995 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, someone has said that only a mediocre person is always at his 
or her best. 

"If that be true, we must pray a prayer today of repentance, seeking forgiveness, 
because it appears we are anything but mediocre. 

"Thank You for the grace which abounds as You deal with us, O Lord. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization for tests, to Senator Sherron due to a 
previous commitment, and to Senator Parnell due to a business appointment. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 14, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (38-0). 

The President of the Senate extends courtesies of the floor to Dr. James 
Stackhouse of Goldsboro, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 70, an act to provide that the governing body of a taxing unit may delay 
the accrual of interest on certain unpaid property taxes. (Ch. 1) 

INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 



February 15, 1995 



116 SENATE JOURNAL [Session 

By Senators Albertson and Carpenter: 

S.B. 199, a bill to prohibit farmers from contracting for the aerial application of 
pesticides in restricted areas and to limit the amount of the civil penalty to be 
levied by the Pesticide Board in cases where there is only vegetative damage in the 
nontarget area. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson and Carpenter: 

S.B. 200, a bill to provide for civil penalties for violations of the Gasoline and 
Oil Inspection Law, the meat inspection law, and the animal welfare and animal 
health laws. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson, Warren. Speed, Hoyle, Perdue, Dannelly, and Carpenter: 
S.B. 201, a bill to limit the liability of landowners to members of the public 
entering the land for educational and recreational purposes. 
Referred to Judiciary I/Constitution Committee. 

By Senators Albertson, Warren, Speed, and Carpenter: 

S.B. 202, a bill to encourage the composting of poultry carcasses and provide an 
income tax credit for poultry composting facilities. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Warren, Conder, Albertson, Sherron, Lucas, Dannelly, Gulley, and 
Speed: 

S.B. 203, a bill to appropriate funds to complete the expansion of the Life 
Sciences Building at East Carolina University. 

Referred to Appropriations Committee. 

By Senators Webster, East, Hartsell, Davis, Little, Forrester, Carpenter, 
McDaniel, Foxx, Shaw, Rand, Carrington, and Kerr: 

S.B. 204, a bill authorizing nonresident taxpayers to claim the tax credit for child 
care and certain employment-related expenses. 

Referred to Finance Committee. 

By Senator Jordan: 

S.B. 205, a bill to establish the Community Reinvestment Act. 

Referred to Commerce Committee. 

By Senators Hoyle and Odom: 

S.B. 206, a bill to make a technical correction to G.S. 120-70.2 regarding filling 
of vacancies on the Joint Legislative Utility Review Committee as recommended 
by the Joint Legislative Utility Review Committee. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Hoyle: 

S.B. 207, a bill to modify the bond requirements for public utilities providing 
water or sewer services as recommended by the Joint Legislative Utility Review 
Committee. 

Referred to Commerce Committee. 



February 15, 1995 



1995] SENATE JOURNAL 1 17 

By Senators Ballance, Parnell, and Hartsell: 

S.B. 208, a bill to make technical and clarifying amendments as recommended by 
the Sentencing Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Ballance, Parnell, and Hartsell: 

S.B. 209, a bill to modify misdemeanor structured sentencing statutes to permit 
an active sentence equal to or less than time served. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Ballance, Parnell, and Hartsell: 

S.B. 210, a bill to implement recommendations of the North Carolina Sentencing 
and Policy Advisory Commission to provide for victim impact statements for 
presentation to the court, to order restitution to victims where appropriate, to 
make restitution a first priority, and to extend probation for the payment of 
restitution. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Martin of Pitt, Hoyle, Rand, and Hobbs: 

S.B. 211, a bill to appropriate funds to the North Carolina Housing Trust Fund. 

Referred to Appropriations Committee. 

By Senators Albertson, Carrington, Forrester, Carpenter, Warren, Ballantine, 
Speed, Conder, Perdue, Martin of Pitt, Hoyle, Simpson, East, Parnell, Blackmon, 
Odom, and Foxx: 

S.B. 212, a bill to require that an individual who is denied or terminated from 
employment due to positive drug test will be denied unemployment benefits. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Conder and Cochrane: 

SJ.R. 213, a joint resolution supporting North Carolina's participation in a 
Conference of the States. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Sherron, Blackmon, Parnell, Ballance, Plyler, Hoyle, McDaniel, 
Shaw, Hartsell, Ballantine, Davis, McKoy, Allran, East, Little, Forrester, Clark, 
Ledbetter, Foxx, Carpenter, Carrington, Simpson, Kincaid, Smith, Albertson, 
Edwards, Conder, Hobbs, Horton, Kerr, Webster, Perdue, Lucas, Odom, Jordan, 
Rand, Warren, Cochrane, Sawyer, Soles, Speed, and Martin of Pitt: 

S.B. 214, a bill to require a fiscal note for all proposed rules that have a sub- 
stantial economic impact and to appropriate funds to implement this requirement. 

Referred to Judiciary I/Constitution Committee. 

By Senators Sherron, Blackmon, Parnell, Ballance, Plyler, Hoyle, Hartsell, Shaw, 
Cochrane, Ballantine, Davis, Allran, East, Little, Ledbetter, Forrester, Clark, Foxx, 
Carpenter, Carrington, McDaniel, Perdue, Edwards, Conder, Hobbs, Horton, Kerr, 
Simpson, Webster, McKoy, Lucas, Odom, Jordan, Rand, Warren, Smith, Kincaid, 
Albertson, Sawyer, Plexico, Soles, Speed, and Martin of Pitt: 

S.B. 215, a bill to create the Joint Legislative Administrative Procedure Over- 
sight Committee and to provide that no administrative rule shall become effective 
until approved by the General Assembly. 

Referred to Judiciary I/Constitution Committee. 



February 15, 1995 



118 SENATE JOURNAL [Session 

By Senators Sherron and Blackmon: 

S.B. 216, a bill to provide that the Senate appointments to the Rules Review 
Commission shall be made by the President Pro Tempore rather than the President 
of the Senate. 

Referred to Judiciary I/Constitution Committee. 

By Senators Sherron and Blackmon: 

S.B. 217, a bill to require agencies to begin a process of adopting a permanent 
rule by publishing a notice of rule-making proceedings rather than by publishing 
the proposed text of a rule change. 

Referred to Judiciary I/Constitution Committee. 

By Senators Sherron and Blackmon: 

S.B. 218, a bill to strengthen the authority of the Rules Review Commission to 
determine the necessity of a proposed rule. 
Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 6 (Committee Substitute), a bill to amend the Constitution of North 
Carolina to establish rights for victims of crime, upon second reading. 

Senator Simpson offers Amendment No. 1 which is adopted (43-2). 

Senator Ballance offers Amendment No. 2 which he subsequently withdraws. 

Receiving a three-fifths affirmative majority vote, the Committee Substitute bill, 
as amended, passes its second reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Simpson, Soles, 
Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: Senator Ballance — 1. 

With unanimous consent, the measure remains before the Senate for immediate 
consideration upon its third reading. 

Receiving a three-fifths affirmative majority vote, the Committee Substitute bill, 
as amended, passes its third reading by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Simpson, Soles, 
Speed, Webster, and Winner — 43. 

Voting in the negative: Senator Ballance — 1. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 



February 15, 1995 



1995] SENATE JOURNAL 119 

S.B. 9, a bill to expand the property tax homestead exemption for low-income 
elderly and disabled individuals. 

Senator McDaniel offers Amendment No. 1. 

Upon motion of Senator McDaniel, the Chair orders, without objection, the bill 
temporarily displaced, with Amendment No. 1 pending. 

S.B. 143, a bill to repeal the restrictions on dealings with South Africa now that 
the policies of that Country have changed. 

The bill passes its second (44-0) and third readings and is ordered sent to the 
House of Representatives. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 92, a bill to exempt from the highway use tax fire fighting vehicles owned 
by all-volunteer fire departments, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed 
Committee Substitute bill 4547 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Kerr, the Committee Substitute bill is placed on the 
Calendar for Thursday, February 16, for further consideration. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 133, a bill to allow Graham County to employ attachment or garnishment 
and to obtain a lien for ambulance services and to make it a misdemeanor to 
obtain ambulance services without intent to pay or to make an unneeded 
ambulance request in Graham County, with a favorable report, as amended. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 39, a bill to allow an extension of time for the City of Raeford to file an 
application for a sales tax refund. 
Referred to Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



February 15, 1995 



120 SENATE JOURNAL [Session 

S.B. 3 House of Representatives 

(House Committee Substitute) February 15, 1995 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in the 
House Committee Substitute to SB 3, A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR A REFERENDUM TO AMEND THE CONSTITUTION TO 
PROVIDE FOR A GUBERNATORIAL VETO, the Speaker has appointed as 
conferees on the part of the House, 

Representative Daughtry, 
Representative Nichols, and 
Representative Black 

to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 63, a bill to require local school boards to provide the North Carolina 
Historical Commission with notice of plans to replace old school buildings by 
submitting the feasibility and cost analyses for review by the Commission, with a 
favorable report. 

COMMITTEE APPOINTMENTS 

The President Pro Tempore announces changes in assignments to Standing 
Committees as follows: 

APPROPRIATIONS AND BASE BUDGET COMMITTEES 

Senator Carrington is removed as a Vice-Chairman. 
Senator Webster is appointed as a Vice-Chairman. 

On motion of Senator Basnight, seconded by Senator Allran, the Senate 
adjourns at 3:00 P.M. in memory of Franklin D. Perritte, Department of Motor 
Vehicles Officer, and other officers who have died in service to North Carolina, to 
meet tomorrow, Thursday, February 16, at 2:00 P.M. 



February 15, 1995 



1995] SENATE JOURNAL 121 

FOURTEENTH DAY 

Senate Chamber, 
Thursday, February 16, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Power Unconquerable and Light Unquenchable, look with favor upon 
us today. By the power of Your Spirit give us courage to dare mighty things, to 
win hard fought victories, even against insurmountable odds. 

"Holy Scripture teaches us that it is better to live courageously than to be like 
those who neither enjoy much nor suffer much because they live lives that know 
neither victory nor defeat. 

"Help us to live courageously today, O God. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization for tests, and to Senator Sherron due to a 
prior commitment. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 15, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written (40-0). 

The President of the Senate extends courtesies of the floor to Dr. Leonard 
Nelson of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 108, a bill to provide that adoptions shall be in the district court, with a 
favorable report. 

By Senator Parnell for the Commerce Committee: 

S.B. 125, a bill to remove the sunset on reverse mortgages, with a favorable 
report. 

By Senator Kerr for the Finance Committee: 

S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes, with a favorable report. 

S.B. 167, a bill to allow counties not to bill for certain property taxes when the 
amount due on the tax bill is less than the cost of preparing and sending the bill, 
with a favorable report. 



February 16, 1995 



122 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Warren, Conder, Albertson, Sherron, Lucas, Speed, Dannelly, 
Hobbs, and Kerr: 

S.B. 219, a bill to increase the monthly benefits from the North Carolina Fire- 
men's and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Martin of Pitt and Hoyle: 

S.B. 220, a bill to provide counties with information to enable them to verify 
claims for refunds of their local sales and use tax. 
Referred to Finance Committee. 

By Senators Hoyle, Allran, and Martin of Pitt: 

S.B. 221, a bill to appropriate funds for a Grassroots Science Museum Program 
by the Museum of Natural Sciences to improve State programs in science and 
environmental education. 

Referred to Appropriations Committee. 

By Senators Hobbs and Little: 

S.B. 222, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Winner, Dannelly, Gulley, Blackmon, Simpson, Odom, Conder, and 
Foxx: 

S.B. 223, a bill to authorize criminal record checks of public school employees. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Hoyle, Plyler, Conder, Perdue, Sherron, Speed, Warren, Hobbs, 
Kincaid, Rand, Cochrane, Forrester, Parnell, Martin of Pitt, Odom, Albertson, 
Hartsell, Lucas, Simpson, Jordan, McDaniel, East, McKoy, Soles, Allran, Little, 
Webster, Davis, Sawyer, Martin of Guilford, Foxx, Ballantine, Gulley, Carpenter, 
Blackmon, Cooper, Dannelly, and Edwards: 

S.B. 224, a bill to provide the public with access to low-cost telecommunications 
service in a changing competitive environment. 

Referred to Commerce Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 16, a bill directing the State Board of Education to recommend changes in 
the public school system, for concurrence in the House Committee Substitute bill, 
which changes the title upon concurrence to read S.B. 16 (House Committee 
Substitute), a bill directing the State Board of Education to develop a plan for the 
reorganization of the Department of Public Instruction. 



February 16, 1995 



1995] SENATE JOURNAL 123 

On motion of Senator Winner, the rules are suspended without objection, and 
the House Committee Substitute bill is placed before the Senate for immediate 
consideration. 

The Senate fails to concur in the House Committee Substitute bill (2-41). 

H.B. 113, a bill to regulate public access to and use of criminal justice records. 
Referred to Judiciary I/Constitution Committee. 

H.B. 121, a bill to allow the hunting of deer with muzzle-loading rifles of any 
caliber during muzzle-loading deer season in Scotland County. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

A bill on the Calendar, carried forward as unfinished business from Wednesday, 
February 15, is taken up and disposed of, as follows: 

S.B. 9, a bill to expand the property tax homestead exemption for low-income 
elderly and disabled individuals, with Amendment No. 1 pending. 

The Chair announces a fiscal note is attached to Amendment No. 1. 

Amendment No. 1 fails of adoption (20-25). 

The bill passes its second (40-5) and third readings and is ordered sent to the 
House of Representatives. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 16, a bill directing the State Board of Education to recommend changes in 
the public school system, which changes the title upon concurrence to read S.B. 16 
(House Committee Substitute), a bill directing the State Board of Education to 
develop a plan for the reorganization of the Department of Public Instruction, with 
the Senate failing to concur earlier today. 

Senator Winner offers a motion that the Senate do appoint conferees, which 
motion prevails. 

The President Pro Tempore appoints Senator Perdue, Chairman, and Senators 
Winner and Little as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting 
conferees. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 133, a bill to allow Graham County to employ attachment or garnishment 
and to obtain a lien for ambulance services and to make it a misdemeanor to 
obtain ambulance services without intent to pay or to make an unneeded ambu- 
lance request in Graham County. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted, chang- 
ing the title to read S.B. 133, a bill to allow Graham County and Macon County 
to employ attachment or garnishment and to obtain a lien for ambulance services 
and to make it a misdemeanor to obtain ambulance services without intent to pay 
or to make an unneeded ambulance request in Graham County and Polk County. 



February 16, 1995 



124 SENATE JOURNAL [Session 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 63, a bill to require local school boards to provide the North Carolina 
Historical Commission with notice of plans to replace old school buildings by 
submitting the feasibility and cost analyses for review by the Commission. 

The bill passes its second (43-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 92 (Committee Substitute), a bill to exempt from the highway use tax fire 
fighting vehicles owned by all-volunteer fire departments. 

Senator Perdue offers Amendment No. 1 with fiscal note attached, which pro- 
poses to change the title to read S.B. 92 (Committee Substitute), a bill to exempt 
from the highway use tax fire fighting vehicles and rescue vehicles owned by all- 
volunteer fire departments and all-volunteer rescue squads. 

On motion of Senator Hoyle, the Committee Substitute bill, with Amendment 
No. 1 pending, is recommitted to the Finance Committee. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

The North Carolina Department of Revenue, along with the Office of the State 
Controller, and the Office of State Budget and Management, submit the State of 
North Carolina Summary of Financial Condition, January 31, 1995. 

Pursuant to G.S. 105-503(b), the North Carolina Local Government Commission 
submits its Annual Report on County Spending for Public School Capital Outlay. 

APPOINTMENTS 

Pursuant to G.S. 135-38, Senator Basnight, President Pro Tempore, appoints to 
the Committee on Employee Hospital and Medical Benefits as follows: 

Senator Basnight, Senator Conder, Senator Plyler, Senator Sherron, Senator 
McKoy, Senator Forrester, and Senator Rand. 

On motion of Senator Basnight, seconded by Senator Sawyer, the Senate 
adjourns at 3:00 P.M. to meet Monday, February 20, at 7:00 P.M. 



FIFTEENTH DAY 

Senate Chamber, 
Monday, February 20, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



February 20, 1995 



1995] SENATE JOURNAL 125 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, during the course of the last four weeks, we have made petitions 
to You, asking for everything from patience to wise judgement. You have been 
faithful to hear our prayers. 

"As the pace ever quickens and decision-making becomes even more difficult, 
somewhere, sometime each day, give us all a few moments of quiet that we may 
hear Your Voice. 

"Under Your guidance we seek what is right and what is truthful yet we do not 
know all the truth. Therefore, we ask You to be the ultimate arbiter in all the 
considerations of this week and may Your Will be done, O God. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Hartsell to attend a County Commissioner meeting; to Senator Martin of 
Pitt for eye surgery; to Senator Smith for scheduled medical tests; and to Senator 
Soles. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 16, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(40-0). 

The President of the Senate extends courtesies of the floor to Dr. Franklin 
Burroughs of Raleigh, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senator Rand: 

S J.R. 225, a joint resolution inviting the Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court, to address a Joint Session of the House of 
Representatives and the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Pitt: 

S.B. 226, a bill to exempt railroads from payment of sales tax on diesel fuel used 
by locomotives and railroad cars. 
Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 227, a bill to create a new offense of trespassing on railroad rights-of-way, 
to increase the penalty for failure to obey railroad signals, and to otherwise im- 
prove safety at railroad crossings. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom and Soles: 

S J.R. 228, a joint resolution authorizing the Legislative Research Commission to 
continue the Study of Chiropractic Care. 
Referred to Appropriations Committee. 



February 20, 1995 



126 SENATE JOURNAL [Session 

By Senators Odom and Horton: 

S.B. 229, a bill to remove impediments and disincentives to donating conserva- 
tion land or preservation structures or sites. 
Referred to Judiciary I/Constitution Committee. 

By Senators Albertson, Warren, Dannelly, Martin of Pitt, and Gulley: 
S.B. 230, a bill to provide for licensing of dealers in poultry and ratites. 
Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Cooper, Martin of Guilford, and Gulley: 

S.B. 231, a bill to repeal the sunset on the Public Health Study Commission. 

Referred to Appropriations Committee. 

By Senators Jordan, Ballantine, and Albertson: 

S.B. 232, a bill to allow members of the Onslow County Board of Alcohol 
Control to serve three consecutive terms. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Horton, McDaniel, Carrington, Odom, Jordan, Gulley, Winner, 
Ballantine, McKoy, Ledbetter, Clark, Shaw, Plexico, Sawyer, Blackmon, Martin of 
Guilford, Dannelly, Carpenter, Allran, Davis, East, Foxx, Forrester, and Webster: 

S.B. 233, a bill to remove the Winston-Salem loop from the urban loop list of 
intrastate system projects and to augment the funds for the remaining urban loops 
in Buncombe, Mecklenburg, Durham, Orange, Guilford, Wake, and New Hanover 
Counties. 

Referred to Transportation Committee. 

By Senators Allran, Perdue, Kerr, Hoyle, Albertson, Dannelly, Soles, Speed, 
Hartsell, Forrester, Cochrane, Simpson, Little, East, Davis, Webster, Carpenter, 
Odom, Horton, Jordan, Plexico, Clark, Ledbetter, Sawyer, and Warren: 

S.B. 234, a bill to raise the age of undisciplined juveniles who are beyond the 
disciplinary control of their parents. 

Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 16, a bill to develop statewide food stamp electronic benefits transfer. 
Referred to Children and Human Resources Committee. 

H.B. 80, a bill to repeal the special use tax on construction equipment brought 
into the State. 
Referred to Finance Committee. 



February 20, 1995 



1995] SENATE JOURNAL 127 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read, as follows: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

February 14, 1995 

The Honorable Marc Basnight 
Senate President Pro Tempore 
2007 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President Pro Tern: 

Pursuant to General Statute 126-2, 1 hereby appoint Judy M. Stephenson as a 
member of the North Carolina State Personnel Commission and submit her name 
for confirmation by the North Carolina General Assembly. Ms. Stephenson will 
replace Jeffrey Hunt who resigned. I ask that she be confirmed for the remainder 
of his unexpired term until June 30, 1995 and for a full term to begin July 1, 1995 
and to expire June 30, 2001. 

Biographical information on Ms. Stephenson is enclosed. Please feel free to 
contact her directly should you need any additional information. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hobbs, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, Odom, Parnell, 
Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Speed, Warren, Webster, 
and Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Tuesday, February 21, 
for further consideration upon third reading. 

S.B. 108, a bill to provide that adoptions shall be in the district court. 
Senator Martin of Guilford offers Amendment No. 1 which is adopted (43-0). 
The bill, as amended, passes its second reading (42-0). 



February 20, 1995 



128 SENATE JOURNAL [Session 

Senator Simpson objects to the third reading of the measure. The Chair orders 
the measure placed on the Calendar for tomorrow, Tuesday, February 21, for 
further consideration upon third reading. 

S.B. 125, a bill to remove the sunset on reverse mortgages. 
The bill passes its second (43-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 167, a bill to allow counties not to bill for certain property taxes when the 
amount due on the tax bill is less than the cost of preparing and sending the bill. 

The bill passes its second (43-1) and third readings and is ordered sent to the 
House of Representatives. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Candice Leontine Coletrane, Yanceyville; Austin Mclver Dennis, Henderson; 
Jessica Edwards, Ayden; Lucinda Claire Farrell, Gastonia; Brandon Foss, 
LaGrange; Britt A. Holder, Kinston; Karen D. Jeffries, Blanch; Sean C. Johnson, 
Fayetteville; Sumeka Rotosha Johnson, Milton; Anne Kreutzberg, Chapel Hill; 
James Parker Lumpkin III, Louisburg; Charles Taylor Phelps, Louisburg; Amine 
Elizabeth Tharrington, Henderson; Meredith Lauren Weaver, Raleigh; and Kristy 
Tresinda West, Knightdale. 

On motion of Senator Basnight, seconded by Senator Warren, the Senate 
adjourns at 7:37 P.M. to meet tomorrow, Tuesday, February 21, at 2:00 P.M. 



SIXTEENTH DAY 

Senate Chamber, 
Tuesday, February 21, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Truth, it seems that we live in a world dictated by 'situation ethics.' 
There are fewer and fewer absolutes; morals are determined by the situation; an 
act that is right in one situation may be wrong in another! 

"Forgive us for living so dishonestly, O Lord. Help us, instead, to love truth for 
its own sake and to despise the actions of falsehood. Remind us that attempting 
to deceive You, others, and ourselves is far more painful than bearing the 
hardships that sometimes accompany honesty. 

"We pray, remembering that You said, 'I am the Way, the Truth, and the Life.' 
Amen." 

The President of the Senate extends courtesies of the floor to Marshall Rauch, 
former Senator from Gaston County. 



February 21, 1995 



1995] SENATE JOURNAL 129 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith for scheduled medical tests and to Senator Martin of Pitt for eye 
surgery. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 20, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (46-0). 

The President of the Senate extends courtesies of the floor to Dr. Marion W. 
Griffin of Asheboro, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 152, a bill to provide that the Department of Transportation shall pay for 
the nonbetterment relocation of sanitary district utilities, with a favorable report. 

S.B. 44, a bill to provide for special registration plates for supporters of 
professional sport teams, with a favorable report, as amended. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 164, a bill to mandate criminal history checks of all foster parents in li- 
censed family foster homes and to appropriate funds, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 8543 is 
placed before the Senate for immediate consideration, and on his further motion, 
is adopted. 

Pursuant to Rule 43, the Chair orders the measure re-referred to the Finance 
Committee. 

INTRODUCTION OF A RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, 
and disposed of, as follows: 

By Senators Rand, Sherron, Odom, Hoyle, Speed, Albertson, Warren, Parnell, 
Dannelly, Conder, Plyler, Jordan, Perdue, Kerr, Edwards, Ballance, Gulley, Lucas, 
Hobbs, Forrester, Little, East, Cochrane, Carrington, McDaniel, Shaw, Allran, 
Kincaid, Simpson, Webster, Clark, Ledbetter, Basnight, Sawyer, Horton, Ballantine, 
Winner, and Blackmon: 

S J.R. 235, a joint resolution inviting Miss Heather Whitestone, Miss America 
1995, to address a Joint Session of the House of Representatives and the Senate. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 



February 21, 1995 



130 SENATE JOURNAL [Session 

H.B. 67 (Committee Substitute), a bill to create the State-Owned Submerged 
Lands Advisory Committee and to require that the Advisory Committee make its 
final report to the General Assembly on or before May 1, 1995. 

On motion of Senator Albertson, the rules are suspended without objection, and 
the Committee Substitute bill is placed before the Senate for immediate consider- 
ation upon its passage. 

The Committee Substitute bill passes its second reading (45-1). 

Senator Simpson objects to the third reading of the measure. The Chair orders 
the measure placed on the Calendar for tomorrow, Wednesday, February 22, for 
further consideration upon third reading. 

H.B. 114, a bill to provide that the merger of the Alamance County Schools and 
the Burlington City Schools may become effective only if approved by the voters 
of Alamance County. 

Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 16 House of Representatives 

(House Committee Substitute) February 20, 1995 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in 
SB 16, A BILL DIRECTING THE STATE BOARD OF EDUCATION TO 
RECOMMEND CHANGES IN THE PUBLIC SCHOOL SYSTEM, which upon 
concurrence proposes to change the title to read, House Committee Substitute for 
SB 16, A BILL TO BE ENTITLED AN ACT DIRECTING THE STATE 
BOARD OF EDUCATION TO DEVELOP A PLAN FOR THE REORGA- 
NIZATION OF THE DEPARTMENT OF PUBLIC INSTRUCTION, the Speaker 
has appointed as conferees on the part of the House, 

Representative Miner, 
Representative Russell, and 
Representative Daughtry 

to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



February 21, 1995 



1995] SENATE JOURNAL 131 

S.B. 16 House of Representatives 

(House Committee Substitute) February 21, 1995 

Mr. President: 



The Speaker has appointed Representative Wood as a conferee on SB 16, A 
BILL DIRECTING THE STATE BOARD OF EDUCATION TO 
RECOMMEND CHANGES IN THE PUBLIC SCHOOL SYSTEM, which upon 
concurrence proposes to change the title to read, House Committee Substitute for 
SB 16, A BILL TO BE ENTITLED AN ACT DIRECTING THE STATE 
BOARD OF EDUCATION TO DEVELOP A PLAN FOR THE REORGA- 
NIZATION OF THE DEPARTMENT OF PUBLIC INSTRUCTION. Represen- 
tative Wood will serve as Chair on the part of the House. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 108, a bill to provide that adoptions shall be in the district court, as 
amended, upon third reading. 

The bill, as amended, passes its third reading (46-0). 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 18, a bill to provide additional budget flexibility to certain local school 
administrative units, referred to the Appropriations Committee on January 26. 

Pursuant to Rule 47(b), Senator Perdue offers a motion the bill be taken from 
the Appropriations Committee and re-referred to the Education/Higher Education 
Committee, which motions prevail. 

The Chair orders the bill taken from the Appropriations Committee and 
re-refers the measure to the Education/Higher Education Committee. 



February 21, 1995 



132 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Plexico, the Senate 
adjourns at 2:25 P.M. to meet tomorrow, Wednesday, February 22, at 12:00 Noon. 



SEVENTEENTH DAY 

Senate Chamber, 
Wednesday, February 22, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Creator God, we are grateful for the beautiful brush stroke with which You 
have painted this day. 

"'Surely the earth is the Lord's and the fullness thereof.' 

"To be part of such a majestic creation, O God, reminds us that the opportunity 
to worship You and to be about the routine of each day were never meant to be 
mutually exclusive events. 

"So let our work today be guided with grateful acknowledgment that the earth 
is the Lord's and You are surely in this place. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith for scheduled medical tests; to Senator Edwards; and to Senator 
Shaw. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, TUesday, February 21, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written (39-1). 

The President of the Senate extends courtesies of the floor to Dr. D. E. Ward 
of Lumberton, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 200, a bill to provide for civil penalties for violations of the Gasoline and 
Oil Inspection Law, the meat inspection law, and the animal welfare and animal 
health laws, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 8548 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 



February 22, 1995 



1995] SENATE JOURNAL 133 

On motion of Senator Albertson, the Committee Substitute bill is placed on the 
Calendar for February 23, for further consideration. 

S.B. 202, a bill to encourage the composting of poultry carcasses and provide an 
income tax credit for poultry composting facilities, with a favorable report, as 
amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the Committee Substitute bill, as amended, engrossed and 
re-referred to the Finance Committee. 



ADDITIONAL SPONSOR 

Senator Foxx requests to be added as a sponsor of previously introduced 
legislation: 

S.B. 234, a bill to raise the age of undisciplined juveniles who are beyond the 
disciplinary control of their parents. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Carpenter, Ballantine, Cochrane, Smith, Kincaid, Simpson, Shaw, 
Blackmon, Forrester, Allran, Hartsell, McDaniel, Davis, Gulley, Parnell, Kerr, 
Foxx, Ledbetter, Clark, Hobbs, Basnight, Odom, Lucas, Horton, Conder, Little, 
Perdue, McKoy, Jordan, Sawyer, Rand, Carrington, Albertson, Speed, Warren, 
Martin of Guilford, Plexico, East, Webster, Cooper, Winner, Martin of Pitt, Soles, 
Edwards, Hoyle, Plyler, Sherron, Dannelly, and Ballance: 

S J.R. 236, a joint resolution honoring the life and memory of Senator John 
Bonnell Codington, MD. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Speed, Albertson, Sherron, Parnell, Ballance, Lucas, Soles, Gulley, 
Edwards, Hoyle, Cooper, Perdue, Simpson, and Horton: 

S.B. 237, a bill to provide that farmland owned by a partnership may qualify for 
use value tax treatment to the same extent as farmland owned by a corporation. 

Referred to Finance Committee. 

By Senators Speed, Sherron, Parnell, Perdue, Ballance, Lucas, Soles, Gulley, 
Edwards, Hartsell, Horton, Hoyle, Cooper, and Simpson: 

S.B. 238, a bill to create a Study Commission on State Parks and Recreation 
Areas. 

Referred to Appropriations Committee. 

By Senators Speed, Sherron, Parnell, Gulley, Ballance, Lucas, Soles, Cooper, 
Edwards, Hoyle, and Simpson: 

S.B. 239, a bill to appropriate funds to the Division of State Parks and Recre- 
ation Areas for staffing, salary, and other operations. 

Referred to Appropriations Committee. 



February 22, 1995 



134 SENATE JOURNAL [Session 

By Senators Speed, Hoyle, Perdue, Dannelly, Edwards, and Hartsell: 
S.B. 240, a bill to authorize the Department of Transportation to perform 
dredging services for units of local government. 
Referred to Transportation Committee. 

By Senators Speed, Hoyle, Perdue, Dannelly, Edwards, Hartsell, Horton, and 
Simpson: 

S.B. 241, a bill to authorize the Department of Transportation to sell souvenirs 
on ferries and at ferry facilities. 

Referred to Transportation Committee. 

By Senators Hartsell, Soles, Allran, and Simpson: 

S.B. 242, a bill to amend the North Carolina Nonprofit Corporation Act and to 
make a conforming amendment to the Business Corporation Act, as recommended 
by the General Statutes Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Hartsell, Soles, Allran, and Simpson: 

S.B. 243, a bill to amend the law regarding the power of a personal representa- 
tive to settle claims for wrongful death, as recommended by the General Statutes 
Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Hartsell, Soles, Cooper, Simpson, and Allran: 

S.B. 244, a bill to provide for the summary administration of an estate where a 

surviving spouse is the sole beneficiary of the estate, as recommended by the 

General Statutes Commission. 
Referred to Judiciary I/Constitution Committee. 

By Senators Hartsell, Soles, Allran, and Simpson: 

S.B. 245, a bill to authorize the opening of empty lock boxes of decedents 
outside the presence of the Clerk of Superior Court, as recommended by the 
General Statutes Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Plexico and Gulley: 

S.B. 246, a bill to strengthen the law limiting campaign contributions. 

Referred to Judiciary I/Constitution Committee. 

By Senators Plexico and Gulley: 

S.B. 247, a bill to eliminate the exemption from campaign contribution limits for 
gifts to and by a political party executive committee. 
Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 17, a bill to return the food stamp fraud felony threshold to its pre-1991 
limit. 
Referred to Judiciary II/Election Laws Committee. 



February 22, 1995 



1995] SENATE JOURNAL 135 

H.B. 82, a bill to allow members of the General Assembly and chairs of county 
boards of commissioners to administer oaths of office. 
Referred to Judiciary II/EIection Laws Committee. 

H.B. 131 (Committee Substitute), a bill to appoint members of the Whiteville 
City Board of Education and to change the time for their appointment. 

On motion of Senator Soles, the rules are suspended without objection, and the 
Committee Substitute bill is placed on the Calendar for today for consideration 
upon its passage in its regular order of business. 

H.B. 195, a bill to provide for the election of superior court judges by judicial 
district. 
Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 131 (Committee Substitute), a bill to appoint members of the Whiteville 
City Board of Education and to change the time for their appointment, placed 
earlier today on the Calendar upon its passage. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered enrolled. 

S.B. 44, a bill to provide for special registration plates for supporters of pro- 
fessional sport teams, upon second reading. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

On motion of Senator Odom, the bill, as amended, is ordered engrossed and 
re-referred to the Finance Committee. 

S.B. 152, a bill to provide that the Department of Transportation shall pay for 
the nonbetterment relocation of sanitary district utilities. 

The bill passes its second (43-0) and third readings and is ordered sent to the 
House of Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 246, a bill to strengthen the law limiting campaign contributions, referred to 
the Judiciary I/Constitution Committee earlier today. 

Pursuant to Rule 47(b), Senator Cooper offers a motion the bill be taken from 
the Judiciary I/Constitution Committee and re-referred to Judiciary II/Election 
Laws Committee, which motions prevail. 

The Chair orders the bill taken from the Judiciary I/Constitution Committee 
and refers the measure to the Judiciary II/Election Laws Committee. 

S.B. 247, a bill to eliminate the exemption from campaign contribution limits for 
gifts to and by a political party executive committee, referred to the Judiciary 
I/Constitution Committee earlier today. 

Pursuant to Rule 47(b), Senator Cooper offers a motion the bill be taken from 
the Judiciary I/Constitution Committee and re-referred to Judiciary II/Election 
Laws Committee, which motions prevail. 



February 22, 1995 



136 SENATE JOURNAL [Session 

The Chair orders the bill taken from the Judiciary I/Constitution Committee 
and refers the measure to the Judiciary II/Election Laws Committee. 

CALENDAR (Continued) 

H.B. 67 (Committee Substitute), a bill to create the State-Owned Submerged 
Lands Advisory Committee and to require that the Advisory Committee make its 
final report to the General Assembly on or before May 1, 1995, upon third 
reading. 

The Committee Substitute bill passes its third reading (45-0) and is ordered 
enrolled. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly 
submits a report (See Addendum) which is ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to G.S. 130A-310, the North Carolina Department of Environment, 
Health and Natural Resources submits the Annual Report of Inactive Hazardous 
Sites Program. 

REPORTS OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 178, a bill to change the pay date for the Alleghany School Administrative 
Unit, with a favorable report. 

S.B. 179, a bill to modify the membership of the Rockingham Tourism Develop- 
ment Authority, with a favorable report. 

S.B. 153, a bill to remove the requirements that Granite Falls ABC stores be 
audited quarterly, with a favorable report, as amended. 

On motion of Senator Basnight, seconded by Senator Carrington, the Senate 
adjourns at 12:28 P.M. to meet tomorrow, Thursday, February 23, at 1:00 P.M. 



EIGHTEENTH DAY 

Senate Chamber, 
Thursday, February 23, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



February 23, 1995 



1995] SENATE JOURNAL 137 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, You have promised that if we possess faith the size of a mustard 
seed, mountains shall be moved. 

"Though it is still early in this Session of the General Assembly, formidable 
mountains already have appeared and are closer than some distant horizon. 

"So increase the Senators' faith, that they will not be awed by these difficult and 
complex problems. Hold them by Your Mighty Hand, encourage them and sustain 
them by the power of Your Presence. Then they will find all things possible and 
the mountains, one by one, shall be moved. In Your Holy Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith for scheduled medical tests; to Senator Conder to attend an Educa- 
tion Conference; to Senator Ballance; to Senator Shaw; to Senator Edwards; and 
to Senator Sawyer. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 22, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (38-0). 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 67 (Committee Substitute), an act to create the State-Owned Submerged 
Lands Advisory Committee and to require that the Advisory Committee make its 
final report to the General Assembly on or before May 1, 1995. (Ch. 2) 

H.B. 131 (Committee Substitute), an act to appoint members of the Whiteville 
City Board of Education and to change the time for their appointment. (Ch. 3) 

REPORTS OF COMMITTEES 

Bills and a resolution are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 155, a bill to authorize the Division of Motor Vehicles to issue a temporary 
license plate that is valid for up to sixty days, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 162, a bill to delay the effective date of the changes made in 1994 to the 
laws concerning the tinting of windows on motor vehicles, with a favorable report. 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 247, a bill to eliminate the exemption from campaign contribution limits for 
gifts to and by a political party executive committee, with a favorable report, as 
amended. 



February 23, 1995 



138 SENATE JOURNAL [Session 

By Senator Winner for the Education/Higher Education Committee: 

S.R. 176, a Senate simple resolution to establish the procedure for nominating 
and electing members of the Board of Governors of the University of North 
Carolina, with an unfavorable report as to simple resolution, but favorable as to 
Committee Substitute simple resolution 4551. 

The Chair orders the measure placed on the Calendar for Monday, February 27, 
for adoption. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Conder and Forrester: 

S.B. 248, a bill recommended by the Mental Health Study Commission to 
appropriate funds for operating costs of implementation of the Commission's and 
Coalition 2001's plans for mental health, developmental disabilities, and substance 
abuse services in North Carolina. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 249, a bill to reauthorize the Mental Health Study Commission. 

Referred to Appropriations Committee. 

By Senators Rand, Perdue, Odom, Hoyle, Plexico, Kerr, Parnell, Warren, 
Albertson, Speed, Sherron, Dannelly, Gulley, Winner, Edwards, Conder, Hobbs, 
Plyler, Carpenter, Davis, Webster, Forrester, McDaniel, Carrington, McKoy, 
Sawyer, Allran, Little, Kincaid, Foxx, Blackmon, Clark, Hartsell, Simpson, 
Cochrane, Ballantine, Ledbetter, and Horton: 

S.B. 250, a bill to provide federal retirees refunds in five annual installments, 
without interest, for income tax paid on their retirement benefits for tax years 1985 
through 1988. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Rand, Hoyle, Blackmon, Kincaid, McDaniel, Ballantine, Carrington, 
Clark, Horton, Forrester, Little, McKoy, Foxx, East, Davis, Cochrane, Ledbetter, 
Cooper, Edwards, Soles, and Warren: 

S.B. 251, a bill to phase out the excise tax on soft drinks over four years. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Hoyle, Carpenter, and Perdue: 

S.B. 252, a bill to provide that spouses of purple heart plate holders may contin- 
ue to be issued those plates. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 



February 23, 1995 



1995] SENATE JOURNAL 139 

By Senators Allran, Hartsell, Simpson, Cochrane, Forrester, Little, Hoyle, 
Perdue, and Carpenter: 

S.B. 253, a bill to provide that the Constitution of North Carolina shall not be 
construed to require that relevant material evidence be excluded in a criminal trial 
unless its exclusion is required under the Constitution of the United States. 

Referred to Judiciary ^Constitution Committee. 

By Senators East and Foxx: 

S.B. 254, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of Commis- 
sioners. 

Referred to Judiciary II/Election Laws Committee. 

By Senators East and Foxx: 

S.B. 255, a bill to amend the law relating to Mount Airy's Firefighters' 
Supplementary Fund. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Gulley and Blackmon: 

S.B. 256, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents of a judgment in a civil action. 
Referred to Judiciary n/Election Laws Committee. 

By Senators Gulley and Blackmon: 

S.B. 257, a bill to increase the amount that may be in controversy in district and 
superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration. 

Referred to Judiciary n/Election Laws Committee. 

By Senators Gulley and Blackmon: 

S.B. 258, a bill to clarify the record-keeping responsibilities of clerks of superior 
court in IV-D child support cases. 
Referred to Judiciary n/Election Laws Committee. 

Upon the appearance of Senator Sawyer in the Chamber, the Chair acknowledges 
his presence and the leave of absence granted previously is withdrawn. 

COMMITTEE REFERRAL RECALL 

S.B. 154, a bill to increase the minimum property damage amount for a report- 
able motor vehicle accident and to resolve inconsistencies in the law concerning 
accident reports, referred to the Judiciary n/Election Laws Committee on Febru- 
ary 8. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be taken from 
the Judiciary n/Election Laws Committee and re-referred to the Judiciary 1/ 
Constitution Committee, which motions prevail. 

The Chair orders the bill taken from the Judiciary n/Election Laws Committee 
and re-refers the measure to the Judiciary I/Constitution Committee. 



February 23, 1995 



140 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 71, a bill to provide that fire fighters and emergency medical service per- 
sonnel may possess or carry weapons on school grounds when discharging their 
official duties. 

Referred to Judiciary H/Election Laws Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 153, a bill to remove the requirements that Granite Falls ABC stores be 
audited quarterly. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 178, a bill to change the pay date for the Alleghany School Administrative 
Unit. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 179, a bill to modify the membership of the Rockingham Tourism Develop- 
ment Authority. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 200 (Committee Substitute), a bill to provide for civil penalties for viola- 
tions of the Gasoline and Oil Inspection Law, the meat inspection law, and the 
animal welfare and animal health laws. 

The Committee Substitute bill passes its second (42-1) and third readings and is 
ordered sent to the House of Representatives. 

On motion of Senator Basnight, seconded by Senator East, the Senate adjourns 
at 1:30 RM. to meet Monday, February 27, at 7:00 P.M. 



NINETEENTH DAY 

Senate Chamber, 
Monday, February 27, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Seriate Chaplain, as follows: 

"Gracious God, the Senate begins a new week with a full calendar of important 
activities. Thank You for the gift of self-discipline that allows us to so order our 
lives in advance by the day, hour, and minute. 



February 27, 1995 



1995] SENATE JOURNAL 141 

"Remind us during the hectic schedule of this week to also give attention to the 
order of our souls. Successful everyday living, whether it is controlling our 
tempers, our appetites, or our inclinations is determined by the correct order of 
our souls. 

"We learn to keep our souls in touch with You, O God, the same way we have 
learned to schedule our calendars so meticulously through practice. Help us to 
that end we pray. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator McKoy, Senator Smith, Senator Winner, Senator Sawyer, and Senator 
Kincaid. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 23, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(41-0). 

The President of the Senate extends courtesies of the floor to Dr. Thomas 
Dameron of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 13 (Committee Substitute), an act to further reduce employers' unemploy- 
ment insurance taxes. (Ch. 4) 

COMMITTEE REFERRAL RECALL 

SJ.R. 236, a joint resolution honoring the life and memory of Senator John 
Bonnell Codington, MD., referred to the Rules and Operation of the Senate 
Committee on February 22. 

Pursuant to Rule 47(b), Senator Rand offers a motion the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Wednesday, March 1, as a special order of business, which motions 
prevail. 

The Chair orders the joint resolution recalled from the Rules and Operation of 
the Senate Committee and places it on the Calendar for Wednesday, March 1, for 
consideration upon its passage. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Soles. 

S.B. 259, a bill to establish civil liability for larceny, shoplifting, embezzlement, 
and obtaining property by false pretense and to protect merchants and peace 
officers from civil liability for detention or arrest of persons accused of larceny. 

Referred to Judiciary I/Constitution Committee. 



February 27, 1995 



142 SENATE JOURNAL [Session 

By Senator Edwards: 

S.B. 260, a bill to appropriate funds to the Board of Governors of the University 
of North Carolina for the renovation and expansion of the Rudolph Jones Student 
Center at Fayetteville State University. 

Referred to Appropriations Committee. 

By Senator Edwards: 

S.B. 261, a bill to appropriate funds for Teen Involvement Projects (TIPS) in 
Cumberland County. 
Referred to Appropriations Committee. 

By Senator Edwards: 

S.B. 262, a bill to appropriate funds to the Board of Governors of the University 
of North Carolina for the construction of a fine arts building at Fayetteville State 
University. 

Referred to Appropriations Committee. 

By Senator Edwards: 

S.B. 263, a bill to appropriate funds to the Orange Street School Restoration 
and Historical Association in Fayetteville. 
Referred to Appropriations Committee. 

By Senators Horton, Cochrane, McDaniel, and Foxx: 
S.B. 264, a bill to revive the Charter of the Town of Bethania. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Kincaid: 

S.B. 265, a bill to establish a season for hunting foxes with firearms and bow and 
arrow in Caldwell County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Cochrane: 

S.B. 266, a bill to appropriate funds for the North Carolina Senior Games 
Program. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Cochrane: 

S.B. 267, a bill to appropriate funds to the Alzheimer's Associations. 

Referred to Appropriations Committee. 

By Senators Kerr, Perdue, Hoyle, and Martin of Pitt: 

S.B. 268, a bill to provide that fees paid by borrowers to loss reserve accounts 
of State-funded economic development programs are not considered interest or 
subject to claims or defenses of usury. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Hoyle: 

S.B. 269, a bill to authorize the Town of Dallas to enact a property maintenance 
ordinance and to assess certain costs of enforcement as a lien against the property. 
Referred to Finance Committee. 



February 27, 1995 



1995] SENATE JOURNAL 143 

By Senators Davis and Hoyle: 

S.B. 270, a bill to authorize the City of Shelby to levy a room occupancy and 
tourism development tax. 
Referred to Finance Committee. 

By Senators Parnell, Kincaid, Speed, Soles, Sherron, Warren, Cochrane, Hoyle, 
Martin of Pitt, Ballance, Foxx, Rand, Hobbs, Jordan, Sawyer, Blackmon, Ballantine, 
McDaniel, Carrington, and McKoy: 

S.B. 271, a bill to remove the sunset on fuel cost adjustment for electric utilities. 

Referred to Commerce Committee. 

By Senators Martin of Guilford, Cooper, Winner, Allran, Hoyle, Martin of Pitt, 
and Albertson: 

S.B. 272, a bill to strengthen the requirements to have a child in a restraint 
system while operating a motor vehicle as recommended by the Child Fatality Task 
Force. 

Referred to Judiciary I/Constitution Committee. 

By Senators McDaniel, Clark, Kincaid, Carpenter, Allran, Ballantine, Davis, 
Forrester, Webster, Foxx, Carrington, East, Little, Cochrane, Hartsell, Ledbetter, 
Horton, Simpson, and Sawyer: 

S.B. 273, a bill to clarify that preelection campaign finance reports are due for 
special elections such as those held when an election results in a tie. 

Referred to Judiciary n/Election Laws Committee. 



CALENDAR 

Bills and a resolution on the Calendar are taken up and disposed of, as follows: 

S.R. 176, (Committee Substitute) a Senate simple resolution to establish the 
procedure for nominating and electing members of the Board of Governors of the 
University of North Carolina, for adoption. 

On motion of Senator Plexico, the Committee Substitute simple resolution 4551 
is adopted (42-2). (The text of this resolution appears in the Appendix.) 

S.B. 162, a bill to delay the effective date of the changes made in 1994 to the 
laws concerning the tinting of windows on motor vehicles. 

The bill passes its second (42-1) and third readings and is ordered sent to the 
House of Representatives. 

Upon the appearance of Senator Sawyer in the Chamber, the Chair acknowledges 
his presence and the leave of absence granted previously is withdrawn. 

S.B. 247, a bill to eliminate the exemption from campaign contribution limits for 
gifts to and by a political party executive committee. 

On motion of Senator Gulley, Committee Amendments No. 1 and No. 2 are 
adopted. 

Senator Shaw offers Amendment No. 3. 

Senator Gulley offers a substitute amendment, No. 4, for Amendment No. 3. 



February 27, 1995 



144 SENATE JOURNAL [Session 

Senator Shaw offers a motion further consideration of the bill with pending 
Amendments No. 3 and No. 4 be postponed until tomorrow, February 28, which 
motion fails to prevail (20-25), and the question reverts to the adoption of 
Amendment No. 4. 

Amendment No. 4 is adopted (41-4). 

The bill, as amended, passes its second reading (38-7). 

Senator Plexico objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
February 28, for further consideration upon third reading. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Anna Natsha Craft, Kinston; Carey Elizabeth Day, Greenville; Courtney Duncil, 
Raleigh; Jason Coy Edwards, Sparta; Cheryl L. Elmstrom, Salvo; John Norris Hall, 
Ayden; Kelly Marie Keenan, Raleigh; Ella Marie McCoy, Burlington; Matthew 
Robert Martin, Raleigh; Gena Elisabeth Miller, Burlington; Nathan A. Miller, 
Boone; Katherine Stuart Mintz, Kinston; Tiffany Nicole Parker, Burlington; 
Matthew Quigless, Raleigh; John Timothy Roberson, Robersonville; Lisa Marie 
Rowland, Zebulon; Elizabeth Michelle Scott, Fayetteville; Donna Carol Sheets, 
King; John Bowen Walker, Goldsboro; and Courtney L. Whitaker, Wendell. 

On motion of Senator Basnight, seconded by Senator Forrester, the Senate 
adjourns at 8:27 P.M. to meet tomorrow, Tuesday, February 28, at 2:00 P.M. 



TWENTIETH DAY 

Senate Chamber, 
Tuesday, February 28, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

The prayer offered by the Reverend Mike Morris, Senate Chaplain, is 
paraphrased and lifted from a prayer by David B. Collins, as follows: 

"God and Father of all, Who from the beginning came to bring light and truth 
and love to humankind. 

"By Your Word, grant to the men and women of the Senate who themselves deal 
with words and images every day in the form of laws, such a reverence for You, 
that through careful and honest work, they may keep the coinage of their language 
sound. Give them humility to realize that they are called, not to be perfect but to 
be clear, not to be infallible but to be fair. 

"As lawmakers, these men and women, in this our generation, speak where many 
listen, write where many read, and show what many see. 

"Be close and guide the Senators and staff in this process today, O God. 
Amen." 



February 28, 1995 



1995] SENATE JOURNAL 145 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 27, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (44-0). 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and 
disabled individuals in that county and (ii) raise the definition of "low-income" so 
that more elderly and disabled individuals can qualify for the exemption, with a 
favorable report. 

S.B. 118, a bill to clarify that unpaid volunteer medical directors for emergency 
medical services (EMS) agencies are covered by the good Samaritan statute, with 
a favorable report. 

By Senator Parnell for the Commerce Committee: 

S.B. 207, a bill to modify the bond requirements for public utilities providing 
water or sewer services as recommended by the Joint Legislative Utility Review 
Committee, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Edwards: 

S.B. 274, a bill to require the Board of Governors of the University of North 
Carolina to study the teacher education programs offered at each constituent 
university and to determine how those programs may be improved. 

Referred to Education/Higher Education Committee. 

By Senator Forrester: 

S.B. 275, a bill to restore the Lieutenant Governor to part-time status as that 
Office was prior to 1973. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Gulley and Lucas: 

S.B. 276, a bill to appropriate funds to the Department of Human Resources for 
capital improvements at the Murdoch Center. 
Referred to Appropriations Committee. 



February 28, 1995 



146 SENATE JOURNAL [Session 

By Senator Hartsell: 

S.B. 277, a bill to remove the fifty acre limitation on condemning property for 
a school site. 
Referred to Judiciary II/EIection Laws Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 181 (Committee Substitute), a bill to change the pay date for the Caldwell 
County Schools. 
Referred to Education/Higher Education Committee. 

CALENDAR 

The bill on the Calendar is taken up and disposed of, as follows: 

S.B. 247, a bill to eliminate the exemption from campaign contribution limits for 
gifts to and by a political party executive committee, as amended, upon third 
reading. 

Senator Plexico offers Amendment No. 5 which is adopted (43-5). 

Senator Cochrane offers Amendment No. 6 which fails of adoption (19-29). 

Senator Carrington offers Amendment No. 7 which is adopted (37-11). 

Senator McDaniel offers Amendment No. 8 which fails of adoption (21-27). 

Senator Plexico calls the previous question, seconded by Senator Sherron. The 
call is sustained (36-10). 

The bill, as amended, passes its third reading (35-13) and is ordered engrossed 
and sent to the House of Representatives. 

On motion of Senator Basnight, seconded by Senator Winner, the Senate 
adjourns at 3:27 P.M. to meet tomorrow, Wednesday, March 1, at 2:00 P.M. 



TWENTY-FIRST DAY 

Senate Chamber, 
Wednesday, March 1, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, sometimes we are asked to make a one hundred percent 
commitment to something about which we are only fifty one percent certain. 

"In times of such doubt and questioning, when our belief is perplexed by new 
learning, new teaching, or new ideas — give us boldness to examine and faith to 
trust in You for discernment of the Truth. 



March 1, 1995 



1995] SENATE JOURNAL 147 

"Having received Your Guidance, at least then we shall be able to move ahead, 
with one hundred percent assurance of Your Participation. 

"We pray, in the Name of the One Who said, 'You shall know the Truth and the 
Truth shall set us free.' Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith, who is hospitalized, and to Senator Ballance who is attending a 
constituency meeting in Murfreesboro. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 28, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (40-1). 

The President of the Senate extends courtesies of the floor to Dr. Joe Woody of 
Charlotte, who is serving the Senate as Doctor of the Day. 



SPECIAL ORDER 
S.J.R. 236 

The hour having arrived for the consideration of the special order of business, 
the President of the Senate lays before the Senate the special order, it being 
S.J.R. 236, a joint resolution honoring the life and memory of Senator John 
Bonnell Codington, MD. 

With unanimous consent, on motion of Senator Carpenter, the joint resolution is 
read in its entirety. 

On motion of Senator Basnight, the Chair extends courtesies of the gallery to 
Betsy Carter Codington, John B. Codington, Jr., and family friends. 

On motion of Senator Basnight, the joint resolution and the remarks of 
members speaking are ordered spread upon the Journal, as follows: 

S.J.R. 236, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY 
OF SENATOR JOHN BONNELL CODINGTON, MD. 

Whereas, Dr. John Bonnell Codington was born in Wilmington, North 
Carolina on October 27, 1925, to Herbert A. Codington and Jessie Peck Coding- 
ton; and 

Whereas, Dr. John Bonnell Codington graduated from Davidson College in 
1949, and from the University of Maryland School of Medicine in 1953; and 

Whereas, Dr. John Bonnell Codington spent most of his life in his native 
Wilmington and contributed greatly to the quality of its life; and 

Whereas, until his retirement in 1990, Dr. John Bonnell Codington 
practiced general surgery for 32 years at James Walker, New Hanover, and Cape 
Fear Memorial hospitals; and 

Whereas, Dr. John Bonnell Codington was active throughout his life in 
civic and community affairs, serving as a member of the New Hanover County 
Board of Education, as a member of the Board of Trustees of the University of 
North Carolina at Wilmington, and as a member of the Board of Trustees of 
Champion McDowell Davis Charitable Foundation; and 



March 1, 1995 



148 SENATE JOURNAL [Session 

Whereas, Dr. John Bonnell Codington was elected to the State Senate in 
1993, where he served on several committees including the Appropriations 
Subcommittee on General Government, Children and Human Resources, 
Insurance, Judiciary I, and Ways and Means; and 

Whereas, Dr. John Bonnell Codington was a veteran of World War II, 
serving his country from 1943 to 1946; and 

Whereas, Dr. John Bonnell Codington was awarded the Civil Rights Award 
in 1983, and was honored as Professor of the Year in 1985; and 

Whereas, Dr. John Bonnell Codington was a life-long member of the First 
Presbyterian Church, where he served as ruling elder; and 

Whereas, for more than 15 years, Dr. John Bonnell Codington gave freely 
of his time and energy as a medical missionary in Leogane, Haiti, treating the sick 
and teaching surgical techniques to local doctors; and 

Whereas, Dr. John Bonnell Codington, citizen of North Carolina, died on 
March 1, 1994, bringing to an end his meaningful and illustrative life; and 

Whereas, Dr. John Bonnell Codington is survived by his wife, Elizabeth 
Carter Codington; his daughters, Elizabeth Codington Reid and Anne Codington 
Autrey; his son, John Bonnell Codington, Jr.; and five grandchildren; and 

Whereas, it is the desire of the General Assembly to duly recognize 
Dr. John Bonnell Codington's service and pay tribute to his life; 
Now, therefore, be it resolved by the Senate, the House of Representatives concurring: 

Section 1. The General Assembly honors the memory of Dr. John Bonnell 
Codington and expresses the gratitude and appreciation of this State and its 
citizens for his life and service to his community and to North Carolina. 

Sec. 2. The General Assembly expresses its deepest sorrow to the family 
and friends of Dr. John Bonnell Codington for the loss of a beloved husband, 
father, grandfather, and a true friend. 

Sec. 3. The Secretary of State shall transmit a certified copy of this 
resolution to the family of Dr. John Bonnell Codington. 

Sec. 4. This resolution is effective upon ratification. 

By Senator Carpenter: 

"Thank you, Mr. President, ladies and gentlemen of the Senate. It can be said 
with certainty that Senator John Codington died with his boots on. This is to coin 
an old American axiom. When John and his secretary, Mrs. Clark, left our office 
over in the LOB at a little before 3:00 P.M. exactly a year ago today, we had no 
idea that ten minutes later he would collapse behind his desk. Jim Watts in 
Research and Senator Austin Allran began CPR immediately. While the others of 
us tried to get objects out of the way and to help Austin and Jim in any way we 
could, a few minutes later Dr. Jim Forrester, who literally ran from this building 
over to the building where Dr. Codington was stricken, and that was to dive into 
a futile but nonetheless, tremendous, effort to revive our fallen comrade. While 
my wife, Helen, was getting Betsy to the scene from their apartment, the EMS 
arrived and with all their equipment tried, to no avail, to try to revive our fallen 
Senator. We all prayed that this would culminate in such a way that he would be 
back on his feet. 

"I tell you this to emphasize what a loving tribute Betsy paid John when Helen 
asked her to take her to John's side in the hospital. The ambulance had left 
minutes before Helen and Betsy arrived back at the LOB. Dr. Jim Forrester had 
just eloquently expressed or outlined very professionally to Betsy the events leading 



March 1, 1995 



1995] SENATE JOURNAL 149 

up to the apparent demise, even though some small thread of hope remained. 
'No,' was Betsy's reply to Helen, reasoning that that very morning he had left her 
after a very cheerful breakfast at the apartment with a big smile on his face and 
a kiss for her on his lips as he left for the General Assembly. She even waved to 
him from the balcony as he got in the car. She wanted to remember him that 
way; a twinkle in his eyes, a grin on his face. He truly left us with his boots on, 
and that's for sure. 

"Reflecting on John's life and his short tenure with us here in the Senate, I was 
reminded of an obituary in the Asheville Gazette, it was known as JS and RL in 
those days, this was in 1875, and it was of my great-great-grandmother, Nancy 
Wood Dean. Obituaries were long and flowery a hundred and twenty years ago, 
and one line of that epistle reaches out with these words, 'She has gone to pluck 
the ambrosial fruits from the Tree of Life and to bask in the Ocean of God's Love 
eternally,' from the obituary. And as we think of the countless acts of charity, 
medical attention, civic, and church kindnesses, we know these words apply to this 
great doctor, this great Senator, this great dad, this great husband, this great sailor. 
Yes, this great man, Betsy. We were truly blessed to have him in our midst. 
"While others will be speaking to this resolution, I will depart from more details 
of his accomplishments to digress again to what I would visualize John looking 
down on us today with these words, and they're from an old, old, Irish prayer. 
These would be on his lips, 

May the road rise up to meet you, may the wind be always at your 

back; may the rain fall gently on your fields, and may the sun be 

always in your face. And until we meet again, may God always 

hold you in the palm of His hands. 

"Yes, John will be long remembered by those of us here in Raleigh, those whose 

life he touched in Wilmington, and, particularly, those he called his loving family. 

He has gone to pluck the ambrosial fruits from the Tree of Life and to bask in the 

Ocean of God's Love eternally. We salute you, John Bonnell Codington, and I 

thank you in advance, ladies and gentlemen, for your support of this resolution." 

By Senator Ballantine: 

"Mr. President, ladies and gentlemen of the Senate, as most of you know, my 
first spoken words in this venerable Chamber were to eulogize our friend and my 
neighbor, Senator John Codington. I spoke about him being a model family man, 
and a revered civic leader. Today on the first anniversary of his death, I'm so glad 
that his wife, Betsy, and son, John, Jr., are here with us as we all remember and 
pay tribute to John. Let us not be sad and dwell on his death, let us celebrate his 
wonderful life. The resolution that Senator Carpenter and I helped draft capsu- 
lizes just some of the accolades of Senator Codington's life. We could go on and 
on, but it is not the accomplishments, rather it is the person that I will remember. 
John always greeted people with a pleasant countenance. Lisa, my wife, and I still 
see his gentle smile. Yes, I succeeded John Codington in the North Carolina 
Senate, but I did not replace him; no one will. We will miss you, Senator. We're 
all glad we knew you. Please support the resolution." 

By Senator Allran: 

"Thank you, Mr. President, ladies and gentlemen of the Senate. We certainly 
appreciate those very kind remarks from Senator Carpenter and Senator 
Ballantine. I have a number of tributes and editorials and resolutions that I've 



March 1, 1995 



150 SENATE JOURNAL [Session 

seen in various newspapers and read about over the last year, and I just wanted to 
share a few of them with you. First of all, from the News and Observer. 
State Senator John Codington was a Wilmington surgeon whose 
voice was not one of the loudest on the Floor of the General 
Assembly, but Codington, who died Tuesday afternoon after suffer- 
ing an apparent heart attack in his office, typifies the selfless public 
service that is often forgotten in the midst of political hoopla. A 
Republican who retired from medical practice in 1990, Codington 
was in his first term. Previously he had served nine years on the 
New Hanover Board of Education, eight of them as its Chairman. 
Elective office represented only a fraction of Codington's record, 
however. For many years he traveled annually to Haiti to help 
provide medical care and took members of his church with him. 
"I'd like to switch over from the News and Observer to a tribute which I thought 
was just great, which was written by his medical partner, Charles A. Wilkinson, 
MD. It gives you some of his life history and some of the things that he accom- 
plished as a person, but also talks about him personally. As his partner said, 
For fifteen years, John devoted two weeks a year to medical 
mission work at Legone Hospital in Haiti. He donated equipment, 
he taught Haitian physicians and cared for patients, and he re- 
cruited many doctors to join him there. He always came back 
excited about the large amount of surgery he had provided to the 
needy Haitians. In addition to his participation there, he served on 
the Board of World Missions of the Presbyterian Church as an 
Elder in First Presbyterian Church of Wilmington for many years. 
"John took time from a busy practice to serve his community in other ways, also. 
He was on the School Board for twelve years, Chairman for eight. His leadership 
during the troubled years of racial unrest in Wilmington, when he helped guide the 
schools through very difficult times, was invaluable. John served two terms on the 
Board of Trustees at UNC-W during the phase of its most graphic growth and 
development. He was instrumental in beginning the foundation of geriatric inde- 
pendence to benefit the senior citizens of his area. John Codington was a devoted 
family man. He was happily married to Betsy Carter Codington for forty-two 
years. They have three children and five grandchildren. Their care and education 
was his highest priority. 

"Well, I didn't know all this history about Dr. Codington till he got here and I 
read about it, because I was not — I didn't grow up in Wilmington. I grew up on 
the other side of the State. But I did know this next part from the little bit I was 
around him and then I really appreciated this personal touch in these tributes. His 
partner goes on to say, 

John realized that all work and no play was not his file. He loved 
his garden, where he grew gorgeous azaleas and camellias which 
gave pleasure to many on several Azalea Festival tours. He loved 
to fish, he loved to sail, and he loved the beach. Especially when 
his children or grandchildren were along. He was even known to 
go on an occasional dove hunt or snow ski trip. After retiring from 
surgery, John Codington started a new career, in politics. He was 
elected to the State Senate. In Raleigh, he served this district well 



March 1, 1995 



1995] SENATE JOURNAL 151 

and he enjoyed every minute of it. He was looking forward to 
running for a second term. On March 1, 1994, after a session on 
the Senate floor, he returned to his office, collapsed at his desk, 
and was unresponsive to all attempts at resuscitation. He was 
sixty-eight. John was known for all of his good works, but the 
most memorable thing about him was his warm, vibrant personality. 
He had an enthusiasm for life that was unsurpassed. It was so 
contagious that you could not be with him long without sharing his 
enthusiasm for the occasion. His friendly smile and hearty greet- 
ings made friends adore him and disarmed his opponents. His 
patients loved him. His associates and peers admired and re- 
spected him. For me, he was not only a partner, but a good friend. 
He will truly be missed. (Charles A. Wilkinson, MD.) 
"Mr. President, ladies and gentlemen of the Senate, I commend to you the 
resolution before you on behalf of our colleague, John B. Codington." 

By Senator Perdue: 

"Thank you, Mr. President and members of the Senate, and Betsy and John, I 
had the opportunity to serve in the district with John Codington, and as you'll 
recall, after redistricting I lost the beaches of Carteret County and he happened to 
pick them up, even though he lived in Wilmington in New Hanover County. And 
there was many a cold, wintry night after he was elected that he made that two- 
and-a-half-hour drive to Carteret County to hear what the folks there had to say. 
Because he cared about all of our people, and they were his people and grew to 
love him in a special, special way. During some of those meetings and up here, 
especially, we had the opportunity to get to know each other. We chatted, as 
parents do, about our children and our family. We talked about older folks, 
because his love for geriatric medicine was something that was very special to him. 
We talked about education at great length, and he was a tremendous contributing 
member of that committee. And, yes, even though I was a Democrat and he was 
a Republican, we had some long, good conversations about politics. Sometimes we 
did differ a bit, maybe on to 'how to' do something, but never on to 'what for.' 
Because the 'what for' in John's mind was always 'whatever is good for North 
Carolina and for the people of this State.' 

"As I sat with him time after time in the snack bar, and I happened to be there 
on the day he died, we ate hot dogs and we laughed about some of the things that 
actually went on here. And during the conversation at that lunch, John talked 
about this being the greatest opportunity of his life. Although he had done all 
these other wonderful special things for his patients and his community and his 
church, he knew and felt like that he was really making a difference in a different 
way for North Carolina. He was a quiet man, a leader in a very special and 
unique way for us all. I never, ever believed that John wanted accolades. He 
wasn't that kind of person. What he wanted was accomplishment for the good of 
this State. North Carolina has lost a very true and special leader, a good friend 
to us all, and I join in those that presented this resolution and just know that he's 
up there today watching us and laughing a bit that we're still here in Raleigh doing 
the people's work." 



March 1, 1995 



152 SENATE JOURNAL [Session 

By Senator Cochrane: 

"I had the good fortune of getting to know John Codington before he came to 
Raleigh because we had a mutual interest in education. And in the early '90s I 
chaired a Commission on Education for Republicans and because of John's work 
on the School Board there, had a few conversations with him, and as a result of 
that, on some other occasions had conversations with him about education. I also 
had the good fortune to sit behind Senator Block, who let me know even more 
about Senator Codington before he came up here because it was already antici- 
pated that Senator Codington was going to come. And I learned some more about 
the personal man that made me admire him even more. 

"There are two things that have not been mentioned that I would like to point 
out again. I think they've been referred to, and that was his good sense of humor. 
I think it also is a surprise sometimes to people when you saw this quiet, retiring 
man, to know what a man of steel he was when there was a conviction that he 
held, and he was involved in discussion or debate. I always admired that about 
him and I always waited for the quiet man in the caucus to make the comments 
that we would all respond to. I think I also had a special affinity to John, we 
frequently talked, because his wife and I share the same name, and we frequently 
joked about that. 

"There are certain people that touch you in life in certain ways that you're not 
necessarily aware of until they're gone, and I think that may have happened in this 
Senate with John. I think we all knew him and liked him and admired him for the 
contribution that was his to this Body came about, I think, more in some of the 
minds of people after those comments were not here to be heard. The thing that 
I'll recall in one of our last conversations — I had made the comment, and I don't 
think I've ever in my life had such an opportunity at public service as this elected 
position affords me, and John said, 'I like that, could not have said that better, and 
that's exactly the way I feel.' And that's always the way I'll remember him, Betsy. 
Thank you." 

By Senator Jordan: 

"I'm giving respects to the family of Senator Codington. It was my privilege to 
have served with him also representing New Hanover County, Pender County, and 
Onslow County. As I listen to all the comments, I agree with everything that has 
been said. I do remember him being, certainly Senator Conder, as a real gentle- 
man. He was such a gentleman that he gently killed several of my bills that I 
brought to bring district election in New Hanover County and Pender County. 

"And I reflect back on having grown up in New Hanover County and knowing 
him from a different perspective as a member of the Board of Education. He was 
just some type of outstanding, fine, distinguished gentleman there. I reflect back 
to thinking about the history of Wilmington, and I've told many of you about the 
history of Wilmington. A terrible history — the 1898 Revolt of Wilmington, when 
many African-Americans were massacred on through to the history of the 
Wilmington Ten, and definitely Senator Codington came really into my life. He 
was a member of that Board of Education when some of you across the State, it 
was not popular to help or work with African- Americans to help solve some of the 
problems, Senator Codington was one of the ones who was a trailblazer to bring 
together New Hanover County and the City of Wilmington to cool some of the 
high-spirited folks who were in New Hanover County who believed in burning and 
rioting, and those who didn't want integration anyway. And those are the areas 



March 1, 1995 



1995] SENATE JOURNAL 153 

that I remember him. He will certainly be missed, and my prayers are with the 
family. Thank you." 

By Senator Odom: 

"Members of the Senate, I'll be very brief. I only knew John Codington a short 
period of time, but I think all of us would agree that our lives were enriched by 
this very gentle person, in addition to being a gentleman, Senator Jordan. And I 
don't think you can say too much more about a person than when his or her peers 
refer to you as a gentle person. 

"His life, and especially his death here a year ago, teaches something and that 
is we should always, every day, celebrate the temporary, to celebrate the small 
things of life. As Senator Perdue said, she had the great pleasure of sharing his 
last meal. So did Senator Hoyle and myself, and the four of us sat in the snack 
bar in the basement of the LOB and we did share a plate of hot dogs. And we 
did talk about education, we talked about this Body. But it was a great pleasure 
to just sit and talk and break bread with this man. The Senate is a very special 
group of people. I've said that before, dealing with personal matters. There's a 
great camaraderie here that cuts across the lines of politics, and when our lives can 
be enriched by someone like John Codington, we have been blessed. And I 
certainly support this resolution." 

By Senator Simpson: 

"Mr. President and ladies and gentlemen of the Senate, I don't think most of us 
knew John Codington very long, we knew him from what time he served here. 
However, we did know his reputation. We knew what the people said and thought 
about him in the area that he lived. But reputation is what other people say about 
you. I had several very long conversations with John Codington and I think that 
I got to know what his character was. And character is what you say, what you 
think, and more particularly, what you do. And I think that John Codington, from 
what time I knew him, was a man of high character, honesty, and dedication. If 
I had to characterize him or give him a name, I think I would just call him the 
'silent man,' because John wasn't a big talker. But when he talked, he had some- 
thing to say. And I think if I really wanted to sum him up, I would say that he 
lived by the old adage that there's no limit to what a man can do and how far he 
can go and what he can accomplish if he don't care who else gets the credit for it. 
I urge your support of the resolution." 

By Senator Forrester: 

"Fellow Senators, I wish to express my thanks to Senator Basnight for the beau- 
tiful flowers I think on the podium in honor of Senator Codington. I think they're 
camellias. 

"We all pause at this time to reflect and give thanks and celebrate the remark- 
able life of John Codington, a gentleman, a medical colleague, and a friend who 
helped change our State for the better. Some have already eloquently spoken on 
this fine gentlemen that we honor here today. Most in our Chamber didn't know 
John Codington. He sat on the back row over next to Senator Shaw. Every life 
is a lesson, and John's life was a lesson. And he taught us well. I'm sorry he was 
not given more time to serve the citizens of the State of North Carolina in the 
North Carolina Senate. But I think we're all grateful for the years that he shared 
his life-saving skills with his patients throughout the State. 



March 1, 1995 



154 SENATE JOURNAL [Session 

"I knew him as a man of modest manner with a shy smile that really came from 
deep within, a dry sense of humor, as has been mentioned, a man of compassion 
and love for his fellow man, a dedicated physician and surgeon, a model husband, 
father and grandfather, a strong church worker and a strong supporter of foreign 
medical missions. Truly, he touched the lives of thousands in the State of North 
Carolina. John was a giver, not a taker. He was a mover, not a shaker. They just 
don't make doctors like John Codington anymore. We in North Carolina thank 
God for the wonderful life of John Codington and for the lives he touched. His 
influence will ripple these lives for years to come. There's a saying that well 
applies to Dr. Codington that I think that is appropriate for this time. 'You make 
a living at what you get, but you make a life by what you give.' John was a giver. 
His life will live on as long as he's remembered, and he will be remembered. We 
will all miss John Codington. John B. Codington, MD. Well done, thy good and 
faithful servant." 

By Senator Albertson: 

"A lot of good, truthful sayings have been said about this good, wonderful man. 
And he was a good, wonderful person. I think the thing that John and I had in 
common that meant so much to both of us was the fact that we both were elders 
in the Presbyterian Church. We talked about that quite a bit. And I have come 
to believe in my lifetime that one of the greatest gifts that a person can ever 
receive is to know that you're truly loved by another individual. John Codington 
loved me, and I loved him. You want to know how I know that's true? He told 
me so, and I told him. My life is better, I'm convinced, from having known this 
good, wonderful person. And I sincerely thank God for his life." 

By Senator Blackmon: 

"Mr. President, ladies and gentlemen of the Senate. John Codington was my 
seatmate. And as all freshmen do when they come here, they have a few problems 
with the red and the green buttons. I can remember very vividly going through 
that red and green button position with him, trying to keep him from making a 
mistake. I only wish that he were here now to train this young man on my right, 
and I think John could do it in a wonderful way. 

"To say a few things quickly about John Codington, I don't know whether to call 
him Dr. John Codington or Senator Dr. John Codington. He was a great man. 
People talk about how wonderful he is and how easy-going he is — all of those 
things are true. Betsy mentioned one thing, he's like stainless steel. John 
Codington was as tough as anybody I have ever met. But with that toughness was 
an ability to understand and work with people, love people, and to realize that 
people is what makes this world go around. He was particularly fond of you, 
Marc. He said so on a number of occasions. I take this opportunity to say hello 
to Betsy and to his son, John, wish them well, and to ask that each one of you say 
a little prayer for Dr. John Codington, and I ask that you support this resolution." 

By Senator Shaw: 

"Thank you, Mr. President. I had a special relationship with John Codington, 
and like you said, Jerry, this man was quiet, but he was tough as nails. I mean, 
once he makes up his mind, you forget about trying to change it. He was solid, 
he was in concrete. And what drew me so close to John, that I remember one 
afternoon that Dr. Forrester came up with, I forget now whether it was a bill or 
whether it was an amendment, to add a PSA test to the state employees and 



March 1, 1995 



1995] SENATE JOURNAL 155 

school teachers Blue Cross Plan. And I was just half listening, probably, and so 
John leaned over and he says, 'Bob, be sure and support this bill.' I says, 'OK.' 
And after I voted for it, I said 'What is it?' as some of us do sometime, and he 
said 'It's something that saved my life two or three years ago.' And he explained 
to me that it was a test for prostate specific antigen which is a simple blood test, 
and to those of you who've never had it, please go do it if you're past forty. And 
he said he could detect, in most cases, prostate cancer. And I said, 'What is the 
norm?' and he said 'Zero to four.' He said his had been in the mid-60s. He 
tested with prostate cancer, he had it removed, and he was doing fine. He made 
me promise to go and have the test. And a couple of months later he mentioned 
it to me again and I called, made an appointment, and had it done. I tested high, 
also. I also had the operation. It had not spread, I'm doing great, I'm clean, but 
probably I may be the only one in here to say that I owe John Codington, 
probably, my life, because I probably would — I don't particularly enjoy going to 
doctors — I probably would not have been to this day for that test, I might never 
have gone for it, and I have six grandsons I want to see grow up. So, Betsy, as I 
told you over the phone that day, I may owe John my life, and I thank him for 
that. Thank you." 

By Senator Plexico: 

"Thank you. Ladies and gentlemen of the Senate, I had the pleasure of being 
Chairman of the Appropriations Subcommittee that Senator Codington served on. 
The irony was that Senator Codington was more my father's age, and I was the 
Chairman and he was the freshman. But that didn't teach — that did not stop 
Senator Codington from being in a position to teach me numerous times. We 
would often serve — Senator Plyler, you remember we would have some late night 
meetings until two o'clock in the morning, Senator Codington was right there with 
that smile on his face. He was, as Senator Odom has said, a true gentleman. We 
came from opposite ends of the State, but I think he enjoyed that part of his State 
and the waters around there in the same way that I enjoy the mountains in my 
area. And, Senator Albertson, Senator Codington and I also talked about that 
similarity of being Presbyterian elders, and you're right, it's something that holds 
folks together just like Senator Odom mentioned what holds us together here as 
members of the Senate. But I also remember that man of steel that you talk 
about, because we had discussed the issue of the lottery and I'll never forget — I 
think I not only remember Senator Codington with that smile on his face and the 
gleam in his eye and all those committee meetings day after day, but I remember 
him standing right over there on that floor, Senator Ballantine, backing up what I 
had had to say about the concept of representative democracy. And that's how I'll 
remember John Codington is speaking on this floor about representative 
democracy. He was a good man, and he was not just a gentleman, he was a gentle 
man. I urge your support." 

By Senator Hartsell: 

"Thank you, Mr. President, members of the Senate. Some of you have spoken 
about having had lunch with him that day a year ago; I had the occasion to walk 
across the bridge with him after Session was over, never knowing that while sitting 
in the office next door a few minutes later I would barely hear a sound and would 
never be able to talk with him again. It's an emotional and very moving 
experience just to think about that, particularly when I think about that particular 



March 1, 1995 



156 SENATE JOURNAL [Session 

man. He was spoken of by two or three people as being a gentle man, and a 
gentleman. While walking across the bridge we were doing as we typically did; we 
spoke about the fact that we were both Davidson gentle men, of which we were 
both very proud. He embodied everything that I could say that was good about 
those who we like to think graduated from our joint alma mater. And I think, in 
reflecting upon that occasion and those conversations, I am reminded of a quota- 
tion from Thomas Jefferson, that 'each generation owes to the next those 
opportunities and possibilities for life at least as great as those passed to it by its 
own parents.' John Codington, in every field of endeavor, sought to do that. In 
the medical profession, he clearly did, for he helped not just those in his own 
locality, but those in other parts of the world. In the field of education, he was a 
leader, as Senator Jordan has spoken of already this morning. In the field of 
religion, he clearly did, because it went beyond just his local church, but in the 
area of world missions. And he sought at the end, in particular, to deal in the 
area of public service. I feel that it's most unfortunate that that term came short, 
but I'm certainly thankful that he had the term. Thank you." 

By Senator Basnight: 

"Thank you, Mr. President, members of this Chamber. John has not left us, he's 
just out the door and up the stairs. Many of us will see him one day. Betsy, we 
know you will. Pat, as you struggled with words earlier, I felt that attachment that 
we all did, for John and his special way of giving, not just to the family that lent 
him to us for a short time, but in a way that we all greatly respected. He was a 
giant of a man, and as you well described, Senator Simpson, his character spoke 
for his self, it was well established, not with words, but actions. His contributions 
are well spoken of today. 

"In my ten years of being here, I've never seen the Senate so quiet, reserved, 
and respectful. Respectful not so much just for the occasion and the time, but for 
a very powerful person that lived with us and was a part of this family, Senator 
Odom, that we hold dear to each other. I had the occasion, as many of you did, 
to converse and enjoy his company. We all realize that he loved his community 
and his State and this country. He contributed in many various and different ways. 
People who have been to Haiti from time to time to give their contribution knew 
of him. My partner in business goes, as many of you have known people in your 
communities to go. His knowledge of this world of ours reached all of us. His 
contributions will never be forgotten. I know the conversation that I had, one of 
the last ones that we had together, centered around our water, Pat, and what 
Wilmington and New Hanover County and the Cape Fear meant to him, his time 
sailing on those broad stretches of blue water of ours, and he telling me what it 
meant to preserve and keep it as it is today and make it a little better. He cared, 
yes, about all people in life. We have a small contribution for you, Betsy, and 
your family. Pat and I believed it was only proper to give you a small token of 
what he brought to us in the form of his flowers that he loved so much. And, yes, 
Senator Forrester, they are camellias. Camellias that he was going to help teach 
me to learn to grow one day. But I'll never forget him, and I'll make a plant in 
my yard and I'll remember him forevermore. A wonderful North Carolinian. 
Thank you for letting us have him for this period of time. The flowers will be 
taken to you by the Sergeant-at-Arms at the appropriate time." 



March 1, 1995 



1995] SENATE JOURNAL 157 

The joint resolution passes its second and third readings, by unanimous consent 
with members standing. On motion of Senator Ballantine, the joint resolution is 
ordered, without objection, sent to the House of Representatives by special 
messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Rand for the Rules and Operation of the Senate Committee: 

SJ.R. 225, a joint resolution inviting the Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court, to address a Joint Session of the House of 
Representatives and the Senate, with a favorable report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 146, a bill to amend the Seed Law, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 1568, which changes the title to read S.B. 146 (Com- 
mittee Substitute), a bill to amend the North Carolina Seed Law, is placed before 
the Senate for immediate consideration. 

On motion of Senator Albertson, the Committee Substitute bill is adopted. 

The Chair orders the Committee Substitute bill placed on the Calendar for 
Thursday, March 2, for further consideration. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 232, a bill to allow members of the Onslow County Board of Alcohol 
Control to serve three consecutive terms, with a favorable report. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senator Cooper: 

S.B. 278, a bill to add clerks of court to the General Statutes Commission, the 
Sentencing and Policy Advisory Commission, and the Criminal Justice Advisory 
Board. 

Referred to Judiciary I/Constitution Committee. 

By Senator Cooper: 

S.B. 279, a bill to clarify the authority of local boards of education to obtain 
property under the "quick take" procedure available to other local governments. 
Referred to Judiciary I/Constitution Committee. 

By Senator Martin of Pitt: 

S.B. 280, a bill to appropriate funds to the Department of Agriculture for the 
completion of the Piedmont Triad Farmers Market. 
Referred to Appropriations Committee. 



March 1, 1995 



158 SENATE JOURNAL [Session 

By Senator Martin of Pitt: 

S.B. 281, a bill to appropriate funds to the Department of Agriculture for im- 
provements at the Rollins Animal Disease Diagnostic Laboratory. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 282, a bill to allow the City of Rockingham to make satellite annexations of 
less than an entire subdivision when the property is developed for commercial or 
industrial use. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Conder and Plyler: 

S.B. 283, a bill to prohibit the taking of deer with dogs in a portion of 
Richmond County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Hobbs, Odom, Conder, Perdue, Plyler, and Rand: 
S.B. 284, a bill to modify the permitted use for highway access funds for volun- 
teer fire companies and rescue squads. 
Referred to Transportation Committee. 

By Senators Albertson, Shaw, Foxx, Hoyle, Edwards, Dannelly, Kerr, Perdue, 
Martin of Guilford, Warren, Davis, Blackmon, Forrester, Simpson, Odom, East, 
McDaniel, Kincaid, Hartsell, Allran, Carpenter, Carrington, Webster, and 
Cochrane: 

S.R. 285, a Senate simple resolution memorializing Congress to relieve small 
water supply systems from complying with unnecessary federal testing requirements 
for drinking water supplies. 

The Chair rules, pursuant to Rule 40(b), the resolution ineligible and orders the 
measure held in the Office of the Principal Clerk. 

By Senators Albertson, Blackmon, Speed, Carpenter, East, Forrester, Carrington, 
Webster, Hoyle, Martin of Pitt, Warren, Perdue, Gulley, Cochrane, and Foxx: 

S.B. 286, a bill to require laboratories to perform composite testing of water 
samples as part of the laboratory certification program in an effort to reduce costs 
of water tests. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Allran, Perdue, Forrester, Carpenter, Cochrane, Little, East, Davis, 
Hartsell, Lucas, Winner, Simpson, Gulley, and Plexico: 

S.B. 287, a bill to amend the law regarding statutory rape and the age of 
consent. 

Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and dis- 
abled individuals in that county and (ii) raise the definition of "low-income" so 



March 1, 1995 



1995] SENATE JOURNAL 159 

that more elderly and disabled individuals can qualify for the exemption, upon 
second reading. 

Senator Cooper offers a motion the bill be taken from the Calendar for March 1 
and placed on the Calendar for Thursday, March 2, which motions prevail. 

The Chair orders the bill taken from the Calendar for March 1 and places it on 
the Calendar for Thursday, March 2, for consideration upon its passage. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's session to Senator Gulley. 

S.B. 118, a bill to clarify that unpaid volunteer medical directors for emergency 
medical services (EMS) agencies are covered by the good Samaritan statute. 

The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 207, a bill to modify the bond requirements for public utilities providing 
water or sewer services as recommended by the Joint Legislative Utility Review 
Committee. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly 
submits a report (See Addendum) which is ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 143B-181.1A of the North Carolina General Statutes, the 
Department of Human Resources, Division of Aging, submits the 1995 State Aging 
Services Plan. 

APPOINTMENTS 

STATE-OWNED SUBMERGED LANDS ADVISORY COMMITTEE 

H.B. 67 

Pursuant to Chapter 2 of the 1995 Regular Session Laws, (House Bill 67), 
Senator Basnight, President Pro Tempore, announces the following appointments to 
the State-Owned Submerged Lands Advisory Committee as follows: Senator 
Charles Albertson, Co-Chair; Mr. Haywood Weeks, Beaufort; Mr. Drew Willis, 
New Bern; Ms. Eve Trow, Kill Devil Hills; Mr. Claude Wheatly, Jr., Beaufort; Dr. 
Jim Easley, North Carolina State University, Raleigh; Mr. Harry Schiffman, 
Manteo; Mr. Charles Kauth, High Point; Mr. Terry Pratt, Merry Hill; and Mr. 
George Rountree, III, Wilmington. 

On motion of Senator Basnight, seconded by Senator Jordan, the Senate 
adjourns at 3:17 P.M., in memory of Senator John Bonnell Codington, M.D., to 
meet tomorrow, Thursday, March 2, at 2:00 P.M. 



March 1, 1995 



160 SENATE JOURNAL [Session 

TWENTY-SECOND DAY 

Senate Chamber, 
Thursday, March 2, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Howard M. Todd, Pastor of Zebulon First 
Baptist Church in Zebulon as follows: 

"Eternal and Merciful God, we thank You for this universe, our great home, for 
its vastness and its riches. We thank Thee for our senses by which we can see the 
splendor of the day, hear the jubilant songs of love, and smell the breath of the 
springtime. Father, we pray Thee, a heart wide open to all this joy and beauty, 
and save our souls from being so steeped in care, or so darkened by passion that 
we passed heedless and unseeing when even the thorn bush by the wayside is 
aflame with the Glory of God. 

"Teach us, Dear Lord, that we work for Thee in all of our doings. Preserve us 
from all selfishness, all pride, and all dishonor to Thee. Provide us the will to do 
for those that cannot do for themselves. Teach us to seek first Thy Kingdom and 
the righteousness which our Savior has provided, and then all else shall be added 
unto us. Through Jesus Christ, our Lord, Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith, who is in the hospital. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 1, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (44-1). 

The President of the Senate extends courtesies of the floor to Dr. Valerie Laing 
of Greenville, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 21, a bill to permit local boards of education to use funds allocated for 
teacher assistants to reduce class size, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the proposed 
Committee Substitute bill 1569, which changes the title to read S.B. 21 
(Committee Substitute), a bill to permit local boards of education to use funds 
appropriated for teacher assistants and for program enhancement teachers to 
reduce class size pursuant to local school improvement plans, is placed before the 
Senate for immediate consideration. 



March 2, 1995 



1995] SENATE JOURNAL 161 

On motion of Senator Winner, the Committee Substitute bill is adopted. 
The Chair orders the measure placed on the Calendar for Monday, March 6, for 
further consideration. 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 88, a bill to require the Department of Human Resources, Division of 
Youth Services to study and develop proposals designed to enhance the success of 
youth released from juvenile confinement facilities, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lucas, the proposed Committee Substitute bill 1571 is 
placed before the Senate for immediate consideration, and on her further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Gulley for the Judiciary II/EIection Laws Committee: 

S.B. 58, a bill to make technical corrections in voter registration laws and other 
election laws, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Foxx: 

S.B. 288, a bill to allow Alleghany County to acquire property for use by the 
County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Foxx and East: 

S.B. 289, a bill relating to the terms of office of the County Commissioners of 
Ashe County. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Soles and Conder: 

S.B. 290, a bill to enhance the retirement benefits payable from the Teachers' 
and State Employees' Retirement System, the Consolidated Judicial Retirement 
System, the Legislative Retirement System, and the Local Governmental Em- 
ployees' Retirement System, and to provide for the funding of the benefits and for 
the funding of the Disability Income Plan for teachers and State employees. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 291, a bill to exempt certain nonprofit organizations from paying the license 
tax for specialty market operators. 
Referred to Finance Committee. 



March 2, 1995 



162 SENATE JOURNAL [Session 

By Senators Hoyle, Warren, and Forrester: 

S.B. 292, a bill to change the method for calculating the reduction for early 
retirement in the Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Rand and Jordan: 

S.B. 293, a bill to permit the importation and bottling of spirituous liquor within 
foreign trade zones located at the Wilmington and Morehead City Ports. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Rand: 

S.B. 294, a bill to limit the issuance and renewal of barber certificates, permits, 
and licenses, to establish late fees for expired certificates and to make certain 
revisions to the law governing the Board of Barber Examiners and the sanitary 
rules. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Winner, Martin of Guilford, Martin of Pitt, Allran, and Cooper: 
S.B. 295, a bill to enact a recommendation of the Child Fatality Task Force to 
clarify the authority of the Building Code Council to adopt provisions requiring the 
installation of smoke detectors in all residential rental property and to provide for 
mutual obligations between landlords and tenants regarding the installation and 
upkeep of smoke detectors. 
Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills and a resolution on the Calendar are taken up and disposed of, as follows: 

S.B. 232, a bill to allow members of the Onslow County Board of Alcohol 
Control to serve three consecutive terms. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

The Chair extends courtesies of the floor to Bill Goldston, former Senator from 
Rockingham County. 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and 
disabled individuals in that county and (ii) raise the definition of "low-income" so 
that more elderly and disabled individuals can qualify for the exemption, upon 
second reading. 

Senator Cooper offers Amendment No. 1 which is adopted (44-4). 

Receiving a three-fifths affirmative majority vote, the bill, as amended, passes its 
second reading by roll call vote, ayes 44, noes 4, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Conder, Cooper, Dannelly, 



March 2, 1995 



1995] SENATE JOURNAL 163 

East, Edwards, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, and Winner — 44. 

Voting in the negative: Senators Cochrane, Davis, Forrester, and Webster — 4. 

The bill, as amended, is ordered placed on the Calendar for Monday, March 6, 
for further consideration upon third reading. 

S.B. 146 (Committee Substitute), a bill to amend the North Carolina Seed Law. 
The Committee Substitute bill passes its second (44-1) and third readings and is 
ordered sent to the House of Representatives. 

SJ.R. 225, a joint resolution inviting the Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court, to address a Joint Session of the House of 
Representatives and the Senate. 

The joint resoluction passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives. 

CONFERENCE REPORT 

S.B. 3 (House Committee Substitute) 

Senator Cooper for the Conferees appointed to consider the differences between 
the Senate and the House of Representatives on S.B. 3 (House Committee 
Substitute), a bill to provide for a referendum to amend the Constitution to 
provide for a gubernatorial veto, submits the following report: 

To: The President of the Senate 

The Speaker of the House of Representatives: 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on Senate Bill 3, AN ACT TO PROVIDE FOR A 
REFERENDUM TO AMEND THE CONSTITUTION TO PROVIDE FOR A 
GUBERNATORIAL VETO, Second Edition 2/8/95, submit the following report: 

That the Senate concurs in the House Committee Substitute for Senate Bill 3, 
Second Edition 2/8/95, with the following amendments: 

on page 1, line 13, by rewriting the line to read: 

" house and shall be signed by the presiding officer of each house ": and 

on page 2, line 11, by rewriting the line to read: 

" other matter, shall be read three times in each house before it becomes law, and 

shall be ": and 

on page 2, lines 34 through 43, by rewriting the lines to read: 

"(a) Would extend the application of a law signed by the presiding officers 
during that two year term of the General Assembly so that the law 
would apply in more than half the counties in the State, or 
(b) Would enact a law identical in effect to another law or laws signed by 
the presiding officers during that two year term of the General 
Assembly that the result of those laws taken together would be a law 
applying in more than half the counties in the State. 
Notwithstanding any other lang ua ge in this ". 



March 2, 1995 



164 SENATE JOURNAL [Session 

The House agrees to the same. 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: March 2, 1995. 

S/Roy A. Cooper, III S/N. Leo Daughtry 

S/Betsy L. Cochrane S/John M. Nichols 

S/William N. Martin S/James B. Black 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Cooper, the Chair orders the Conference Report placed 
on the Calendar for Tuesday, March 7, for adoption, upon second reading. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Webster. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly 
submits a report (See Addendum) which is ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 769, Part 15 of the 1993 Session Laws, the Office of the 
State Controller submits its review of the Department of Revenue's Chart of 
Accounts. 

On motion of Senator Basnight, seconded by Senator Soles, the Senate adjourns 
at 2:43 P.M., to meet Monday, March 6, at 7:00 P.M. 



TWENTY-THIRD DAY 

Senate Chamber, 
Monday, March 6, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, by Your countless gifts, we have been sustained during our 
pilgrimage through life. Each of us lives 'in the red,' indebted to You for all Your 
gifts. 

"Loving Lord, as we pause to begin a new week here in the Senate, let us 
remember not only who we are, but also Whose we are. 

"While so many judge us and put a great emphasis on our lives of outer service, 
let us be determined to put a corresponding emphasis upon our inner lives of 
devotion to You. 



March 6, 1995 



1995] SENATE JOURNAL 165 

"For all the good that has come to us through Your Grace, for all that has been 
and is, and is yet to be, we give thanks. In Your Holy Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Smith due to hospitalization; to Senator Hartsell to attend a meeting of 
Cabarrus County Commissioners; and to Senator Odom due to court case 
calendaring. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 2, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(43-0). 

The President of the Senate extends courtesies of the floor to Dr. Bertram W. 
Coffer of Raleigh, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Speed: 

S.B. 296, a bill to provide that the laws relating to motor vehicles apply within 
the Lake Royale Community in Franklin and Nash Counties. 
Referred to Transportation Committee. 

By Senators Blackmon and Gulley: 

S.B. 297, a bill to reduce the cost of providing indigent representation in 
criminal cases by authorizing the Administrative Officer of the Courts to contract 
with a particular attorney or attorneys to provide specialized services on a full-time 
basis in capital indigent cases. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Odom and Forrester: 

S.B. 298, a bill to implement the recommendations of the Governor's Task Force 
on Driving While impaired. 
Referred to Judiciary I/Constitution Committee. 

By Senators Parnell, Blackmon, Kincaid, Albertson, Foxx, Allran, Lucas, Webster, 
Forrester, Hobbs, Cochrane, Soles, Speed, Carpenter, McKoy, Hoyle, Martin of 
Pitt, Perdue, Conder, Ballantine, Shaw, Horton, Sawyer, and Plexico: 

S.B. 299, a bill to allow a percentage discount to merchants for collecting State 
sales and use taxes. 

Referred to Finance Committee. 

By Senators Parnell and Carpenter: 

S.B. 300, a bill to authorize the Department of Commerce to pledge block grant 
funds as loan guarantees pursuant to the Housing and Community Development 
Act. 

Referred to Commerce Committee. 

By Senators Parnell and Carpenter: 

S.B. 301, a bill relating to managed care operations. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



March 6, 1995 



166 SENATE JOURNAL [Session 

By Senators Cooper and Ballance: 

S.B. 302, a bill to appropriate funds to eradicate hydrilla in Lake Gaston. 

Referred to Appropriations Committee. 

By Senators Cochrane, Hoyle, and Carpenter: 

S.B. 303, a bill to provide for removal of members of State Board of Community 
Colleges after unexcused absences from three consecutive scheduled Board 
meetings. 

Referred to Education/Higher Education Committee. 

By Senators Odom, Plexico, Dannelly, and Winner: 

S.B. 304, a bill to provide for the collection of information regarding the popula- 
tion of aboveground storage tanks for oil and hazardous substances, to identify 
those releases and spills of oil or hazardous substances that are reported that 
involve aboveground storage tanks, to designate a central clearinghouse for the 
collection of data regarding aboveground storage tanks, to provide for the 
subsequent study of issues concerning aboveground storage tanks in light of this 
data, and to appropriate funds for these purposes. 

Referred to Appropriations Committee. 

By Senators Winner, Martin of Guilford, Martin of Pitt, Allran, and Gulley: 
S.B. 305, a bill to prohibit the sale of certain pyrotechnics in North Carolina. 
Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Martin of Guilford, Cooper, Martin of Pitt, Allran, and 
Gulley: 

S.B. 306, a bill recommended by the Child Fatality Task Force to appropriate 
funds for additional foster care licensing and placement workers. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Davis, Hoyle, East, Carpenter, Forrester, and Hartsell: 
S.B. 307, a bill to authorize sanitary districts to have the right to immediate 
possession of certain property acquired by eminent domain. 
Referred to Judiciary II/EIection Laws Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting 
the following bill which is read the first time and disposed of, as follows: 

H.B. 3 (Committee Substitute), a bill to provide governmental accountability and 
protection to the taxpayers by limiting increases in the General Fund budget, 
reforming the budget process, establishing an Emergency Reserve Trust Fund, and 
prohibiting unfunded State mandates. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 



March 6, 1995 



1995] SENATE JOURNAL 167 

H.B. 7 (Committee Substitute), a bill to restore constitutional powers to the 
State Board of Education and to make conforming and technical changes. 
Referred to Education/Higher Education Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and 
disabled individuals in that county and (ii) raise the definition of "low-income" so 
that more elderly and disabled individuals can qualify for the exemption, as 
amended, upon third reading. 

With unanimous consent, on motion of Senator Cooper, the bill, as amended, is 
re-referred to the Finance Committee. 

S.B. 21 (Committee Substitute), a bill to permit local boards of education to use 
funds appropriated for teacher assistants and for program enhancement teachers to 
reduce class size pursuant to local school improvement plans. 

With unanimous consent, on motion of Senator Winner, consideration of the 
Committee Substitute bill is postponed until Wednesday, March 8. 

S.B. 58, a bill to make technical corrections in voter registration laws and other 
election laws. 

The bill passes its second (43-2) and third readings and is ordered sent to the 
House of Representatives. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title together with the report accompanying it, and take its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 119, a bill to provide qualified immunity to professional engineers who 
voluntarily provide engineering services during an emergency without compensa- 
tion, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 5542, which changes the title to read S.B. 119 
(Committee Substitute), a bill to provide qualified immunity to professional 
engineers who voluntarily provide engineering services during a declared 
emergency or disaster without compensation, is placed before the Senate for 
immediate consideration. 

On motion of Senator Cooper the Committee Substitute bill is adopted. 

The Chair orders the measure placed on the Calendar for Tuesday, March 7, for 
further consideration. 



March 6, 1995 



168 SENATE JOURNAL [Session 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Alison Vanessa Barham, Pine Level; Amy Cloud, Chapel Hill; Davina Sherie 
Daniel, Rocky Mount; Ashley Dotger, Mount Pleasant; Mandi Tandrell Facison, 
Fayetteville; Kenita Rosalie Farrington, Chapel Hill; Christina Fiske, Franklin; 
Emily Suzanne Hester, Forest City; Lori Anne Jolly, Taylorsville; Africa Latoya 
Joyner, Kinston; Jennifer Diana Kale, Lincolnton; Ashley Mandel, Thomasville; 
LaRae Stewart McLamb, Coats; Sabriya Muhammad, Jarvisburg; Aline Quenum, 
Fayetteville; Laura Lynn Ray, Burnsville; Jennifer Santhouse, Raleigh; Margaret 
Snoke, Cary; and JaCinthia Yvette Speight, Wilson. 

On motion of Senator Basnight, seconded by Senator Rand, the Senate adjourns 
at 7:22 P.M. to meet tomorrow, Tuesday, March 7, at 2:00 P.M. 



TWENTY-FOURTH DAY 

Senate Chamber, 
Tuesday, March 7, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"With all that must be done this day, we pray as prayer a hymn penned by the 
poet, John Greenleaf Whittier, so that we, in our hurry, do not run on without 
You. 

Dear Lord and Father of humankind, forgive our foolish ways; 
Reclothe us in our rightful mind; in purer lives Thy Service find. 
In deeper reverence, praise, take from our souls the strain and stress 
And let our ordered lives confess the beauty of Thy peace. 

Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith due to hospitalization. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 6, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written (38-0). 

The President of the Senate extends courtesies of the floor to Dr. Chalmers 
Nunn of Rocky Mount, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



March 7, 1995 



1995] SENATE JOURNAL 169 

By Senator Parnell for the Commerce Committee: 

S.B. 271, a bill to remove the sunset on fuel cost adjustment for electric utilities, 
with a favorable report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 286, a bill to require laboratories to perform composite testing of water 
samples as part of the laboratory certification program in an effort to reduce costs 
of water tests, with a favorable report. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 229, a bill to remove impediments and disincentives to donating conserva- 
tion land or preservation structures or sites, with a favorable report. 

S.B. 54, a bill to make statutory conforming changes necessitated by an act to 
provide for a gubernatorial line-item reduction veto. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 8563, which changes the title to read S.B. 54 (Commit- 
tee Substitute), a bill to make statutory conforming changes necessitated by an act 
to provide for a gubernatorial veto, is placed before the Senate for immediate 
consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted. 

With unanimous consent, the Chair orders the measure placed on the Calendar 
for Wednesday, March 8, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Speed, Forrester, and Cochrane: 

S.B. 308, a bill to amend the law regarding Medicaid fraud. 

Referred to Judiciary II/Election Laws Committee. 

By Senator McDaniel: 

S.B. 309, a bill relating to notices of lis pendens by the City of Winston-Salem. 

Referred to Judiciary n/Election Laws Committee. 

By Senator Rand: 

S.B. 310, a bill to make employees of State licensing and examining boards 
members of the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Albertson, Warren, Dannelly, and Martin of Pitt: 
S.B. 311, a bill to appropriate funds for the Biological Pest Control Program 
within the Department of Agriculture. 
Referred to Appropriations Committee. 



March 7, 1995 



170 SENATE JOURNAL [Session 

By Senators Horton and Cochrane: 

S.B. 312, a bill to allow an insanity hearing for a defendant found not guilty by 
reason of insanity to be held in the same county as the respondent's trial was 
held. 

Referred to Judiciary II/Election Laws Committee. 

By Senators East, McDaniel, Carrington, Clark, Ledbetter, Forrester, Webster, 
McKoy, Davis, Horton, Little, Foxx, and Sawyer: 
S.B. 313, a bill to make the Legislative Retirement System optional. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Albertson, Speed, Warren, and Dannelly: 

S.B. 314, a bill to appropriate funds to the Department of Agriculture for inter- 
national agricultural marketing. 
Referred to Appropriations Committee. 

By Senators Albertson, Speed, Warren, Gulley, and Dannelly: 
S.B. 315, a bill to appropriate funds to the Department of Agriculture to 
reinstate the Pesticide Disposal Program. 
Referred to Appropriations Committee. 

By Senators Carrington, Sherron, Gulley, and McKoy: 
S.B. 316, a bill to grant the Town of Apex a temporary exemption from the total 
amount of noncontiguous territory that may be annexed. 
Referred to Local Government and Regional Affairs Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 115 (Committee Substitute), a bill to modify the appointment of the 
Halifax ABC Board and to provide that distribution of revenue shall be according 
to General Statute. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 146, a bill to allow the City of Lumberton to enact ordinances regulating 
the towing of motor vehicles that have been abandoned and are not covered by 
financial responsibility. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

A bill and a conference report on the Calendar are taken up and disposed of as 
follows: 

S.B. 3 (House Committee Substitute), a bill to provide for a referendum to 
amend the Constitution to provide for a gubernatorial veto, Conference Report 
submitted March 2, for adoption, upon second reading. 



March 7, 1995 



1995] SENATE JOURNAL 171 

On motion of Senator Cooper, the Senate adopts the Conference Report, by a 
three-fifths affirmative majority on its second reading by roll-call vote, ayes 45, 
noes 3, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, and Webster — 45. 

Voting in the negative: Senators Ballance, Gulley, and Winner — 3. 

With unanimous consent, the Conference Report remains before the Senate for 
adoption upon third reading. 

Receiving a three-fifths affirmative majority vote, the Conference Report is 
adopted on its third reading by roll-call vote, ayes 45, noes 3, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, and Webster — 45. 

Voting in the negative: Senators Ballance, Gulley, and Winner — 3. 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 



CONFERENCE REPORT 

S.B. 16 (House Committee Substitute) 

Senator Perdue, for the Conferees appointed to consider the differences arising 
between the Senate and House of Representatives upon S.B. 16, a bill directing 
the State Board of Education to recommend changes in the public school system, 
which House Committee Substitute bill proposes to change the title, upon concur- 
rence, to read S.B. 16 (House Committee Substitute), a bill directing the State 
Board of Education to develop a plan for the reorganization of the Department of 
Public Instruction, submits for adoption the following report, which proposes to 
further change the title, upon adoption, to read S.B. 16 (House Committee 
Substitute), a bill directing the State Board of Education to recommend changes in 
the public school system. 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on Senate Bill 16, A BILL TO BE ENTITLED AN 
ACT DIRECTING THE STATE BOARD OF EDUCATION TO DEVELOP A 
PLAN FOR THE REORGANIZATION OF THE DEPARTMENT OF PUBLIC 
INSTRUCTION, House Committee Substitute Favorable 2/9/95, submit the follow- 
ing report: 



March 7, 1995 



172 SENATE JOURNAL [Session 

The Senate and House agree to the following amendment to House Committee 
Substitute Favorable 2/9/95, and the Senate concurs in the House Committee 
Substitute as amended: 

Delete the entire House Committee Substitute and substitute the attached 
Proposed Committee Substitute PCCS 9536. 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: March 6, 1995. 

S/Beverly M. Perdue S/Steve Wood 

S/Leslie Winner S/David Miner 

S/Teena S. Little S/N. Leo Daughtry 

S/Carolyn Russell 

Conferees for the Senate Conferees for the 

House of Representatives 

The text of the proposed Conference Committee Substitute 9536 reads as 
follows: 

A BILL TO BE ENTITLED 
AN ACT DIRECTING THE STATE BOARD OF EDUCATION TO 

RECOMMEND CHANGES IN THE PUBLIC SCHOOL SYSTEM. 
The General Assembly of North Carolina enacts: 

Section 1. The State Board of Education shall examine the structure and 
functions of the State public school system with a view to improving student 
performance, increasing local flexibility and control, and promoting economy and 
efficiency, and shall recommend changes in the public school system to the 
General Assembly. In carrying out this examination, the State Board of Education 
shall consider ways to reorder priorities and place greater emphasis on the basics 
- reading, communication skills, and mathematics - in the areas of staff develop- 
ment, the State testing program, the State accreditation program, the use of 
remediation funds, the instructional program, and other components of the State 
public school system. The State Board of Education shall also consider the impact 
the changes it is considering will have on the mission of the Department of Public 
Instruction. 

The State Board shall make a preliminary report to the General Assembly 
prior to May 1, 1995, and a final report prior to March 1, 1996, on the results of 
its examination of the State public school system. The report shall include any 
proposed legislation necessary to implement the State Board's recommendations. 

Sec. 2. The State Board of Education shall also examine the administrative 
organization of the Department of Public Instruction with a view to (i) increasing 
local flexibility and local control of education, (ii) promoting economy and efficien- 
cy in government in the interest of producing cost savings that can be used to 
provide funds for textbooks, school supplies, and equipment, and for reducing class 
size, and (iii) improving student performance. The State Board of Education, as 
a result of these examinations, shall propose necessary changes in the mission of 
the Department of Public Instruction and methods of implementing those changes. 
The State Board of Education shall develop a plan for reducing, eliminating, 



March 7, 1995 



1995] SENATE JOURNAL 173 

and/or reorganizing the Department of Public Instruction. A reorganization may 
include the assignment or reassignment of the Department's duties and functions 
among divisions and other units, division heads, officers, and employees. 

The proposed reduction, elimination, and/or reorganization of the Depart- 
ment shall have a goal of resulting in a decrease of at least fifty percent (50%) in 
the number of employee positions assigned to the Department and a decrease of 
at least fifty percent (50%) in the Department's budget by January 1, 1996. 

The State Board of Education shall make a preliminary report to the 
General Assembly prior to March 31, 1995, and a final report prior to 
May 1, 1995, on the reduction, elimination, and/or reorganization plan it develops. 

Sec. 3. The State Board of Education shall fully inform and consult with 
the Superintendent of Public Instruction and the chairs of the Education Commit- 
tees and the Education Appropriation Subcommittees of the Senate and the House 
of Representatives on a regular basis as the Board carries out its duties under this 
act. 

Sec. 4. The Director of the Budget shall authorize the expenditure of up 
to one hundred thousand dollars ($100,000) from existing funds by the State Board 
of Education to contract for outside consultants and assistance to assist the State 
Board in carrying out its duties under this act. The Office of State Budget and 
Management, the State Auditor, and other appropriate State agencies shall also 
provide consultation as requested by the chairman of the State Board of Education 
as needed to develop the plans set out in this act. 

Sec. 5. This act is effective upon ratification. 

Senator Perdue offers a motion the Conference Report be placed on today's 
Calendar in its regular order of business for adoption, which motion prevails. 

The Chair orders the Conference Report placed on the Calendar following 
S.B. 119. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 3 House of Representatives 

(House Committee Substitute) March 7, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on House Committee 
Substitute to SB 3, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
A REFERENDUM TO AMEND THE CONSTITUTION TO PROVIDE FOR A 
GUBERNATORIAL VETO, to the end that when a similar action has been taken 
on the part of the Senate, you may order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The Chair orders the House Committee Substitute bill enrolled. 



March 7, 1995 



174 SENATE JOURNAL [Session 

S.B. 119 (Committee Substitute), a bill to provide qualified immunity to profes- 
sional engineers who voluntarily provide engineering services during a declared 
emergency or disaster without compensation. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 16 (House Committee Substitute), a bill directing the State Board of 
Education to recommend changes in the public school system, Conference Report, 
placed earlier today on the Calendar for adoption. 

On motion of Senator Perdue, the Senate adopts the Conference Report (48-0), 
changing the title. 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 164 (Committee Substitute), a bill to mandate criminal history checks of all 
foster parents in licensed family foster homes and to appropriate funds, as re- 
written by the Judiciary I/Constitution Committee, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 80, a bill to repeal the special use tax on construction equipment brought 
into the State, with a favorable report. 

S.B. 120, a bill to provide uniform tax treatment of North Carolina obligations 
and federal obligations, with a favorable report, as amended. 

S.B. 155, a bill to authorize the Division of Motor Vehicles to issue a temporary 
license plate that is valid for up to sixty days, with a favorable report, as amended. 

S.B. 44, a bill to provide for special registration plates for supporters of profes- 
sional sport teams, as amended, with a unfavorable report as to bill, as amended, 
but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed Com- 
mittee Substitute bill 7561 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

With unanimous consent, the Chair orders the measure placed on the Calendar 
for Wednesday, March 8, for further consideration. 

PAGES 

Heather Miller of Thomasville, being introduced last night as a page serving in 
the Senate this week, is present today. 



March 7, 1995 



1995] SENATE JOURNAL 175 

On motion of Senator Basnight, seconded by Senator Blackmon, the Senate 
adjourns at 2:39 P.M., to meet tomorrow, Wednesday, March 8, at 2:00 P.M. 



TWENTY-FIFTH DAY 

Senate Chamber, 
Wednesday, March 8, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, after he was called to an accounting by the Prophet Nathan, 
King David in response prayed: 'Create in me a clean heart, O God, and put a 
new and right spirit within me.' 

"David had learned what we also know, that it is often much easier to fight for 
our principles than to live up to them. 

"Remind us, O Lord, of the Holy Principles by which we are called as Your 
children. Then, by Your Grace and our determination help us to live up to them. 
Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Sawyer; and to Senator Conder 
due to knee surgery. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 7, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written (45-0). 

The President of the Senate extends courtesies of the floor to Dr. Robert 
Jacobson of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 3 (House Committee Substitute), an act to provide for a referendum to 
amend the Constitution to provide for a gubernatorial veto. (Ch. 5) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



March 8, 1995 



176 SENATE JOURNAL [Session 

By Senator Winner for the Education/Higher Education Committee: 

H.B. 181 (Committee Substitute), a bill to change the pay date for the Caldwell 
County Schools, with a favorable report, as amended. 

With unanimous consent, on motion of Senator Winner, the rules are suspended 
and the Committee Substitute bill is placed before the Senate for immediate 
consideration upon its passage. On her further motion Committee Amendment 
No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (46-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1, without objection, by special messenger. 

By Senator Kerr for the Finance Committee: 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and dis- 
abled individuals in that county and (ii) raise the definition of "low-income" so 
that more elderly and disabled individuals can qualify for the exemption, as 
amended, with a favorable report. 

The Chair announces the bill, as amended, passed its second reading on 
March 7, prior to referral to the Finance Committee and rules the measure upon 
its third reading. 

The Chair orders the measure, as amended, placed on the Calendar for tomor- 
row, Thursday, March 9, upon third reading. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Perdue, Edwards, and Cochrane: 

S.B. 317, a bill to repeal the Advisory Committee on Home and Community 
Care. 
Referred to Children and Human Resources Committee. 

By Senators Edwards, Perdue, and Cochrane: 

S.B. 318, a bill to change the time requirement for the updating of the plan for 
serving older adults. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Jordan: 

S.B. 319, a bill to appropriate funds to support programs of the Rural Economic 
Development Center, Inc. 
Referred to Appropriations Committee. 

By Senator Hartsell: 

S.B. 320, a bill to be known as the North Carolina Uniform Custodial Trust Act 
and to make conforming amendments to the power of attorney statutes, as recom- 
mended by the General Statutes Commission. 

Referred to Judiciary II/Election Laws Committee. 



March 8, 1995 



1995] SENATE JOURNAL 177 

By Senators Little and Davis: 

S.B. 321, a bill authorizing the State Board of Education to adopt eligibility 
rules for interscholastic athletic competition. 
Referred to Education/Higher Education Committee. 

By Senators Horton, McDaniel, Sawyer, Ledbetter, Clark, Blackmon, Foxx, 
Shaw, Carrington, Cochrane, Little, Forrester, Hartsell, and Carpenter: 
S.B. 322, a bill to require voters to sign the pollbook before voting. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Horton, Gulley, McDaniel, Sawyer, Clark, McKoy, Blackmon, 
Cochrane, Shaw, Carrington, Foxx, Forrester, Little, Hartsell, Parnell, and 
Carpenter: 

S.B. 323, a bill to provide that observers at a precinct's voting place need not be 
registered voters in that precinct but shall be registered voters in the county. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Rand, Perdue, Gulley, Cooper, Winner, Martin of Guilford, Warren, 
Dannelly, Albertson, Martin of Pitt, Hoyle, Kerr, Soles, Speed, Lucas, Simpson, 
Ballance, Parnell, Sherron, Odom, Hobbs, Edwards, Hartsell, East, Forrester, 
Plyler, Jordan, Carrington, Davis, Cochrane, Conder, Plexico, Ballantine, Horton, 
Little, and Webster: 

S.B. 324, a bill to provide that a court may order payment of a fee to the 
Victims Compensation Fund by a defendant placed on probation. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Rand, Perdue, Gulley, Cooper, Winner, Martin of Guilford, Warren, 
Dannelly, Albertson, Martin of Pitt, Hoyle, Kerr, Soles, Speed, Lucas, Simpson, 
Plyler, Ballance, Sherron, Parnell, Odom, Carrington, Hartsell, East, Webster, 
Conder, Plexico, Horton, Davis, Cochrane, Hobbs, Jordan, Edwards, Little, and 
Forrester: 

S.B. 325, a bill to allow the district attorney's designee or a special prosecutor to 
request that an investigative grand jury be convened to consider certain alleged 
violations of the North Carolina Controlled Substances Act. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Martin of Pitt: 

S.B. 326, a bill to appropriate funds to the Rural Economic Development 
Center, Incorporated, for job training in eastern North Carolina. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Albertson: 

S.B. 327, a bill to appropriate funds to the Agricultural Finance Authority for 
the Reserve for Farm and Agribusiness Loans. 
Referred to Appropriations Committee. 



March 8, 1995 



178 SENATE JOURNAL [Session 

By Senators Martin of Pitt, Albertson, and Hoyle: 

S.B. 328, a bill to appropriate funds to the Department of Agriculture for a 
grain grading training program. 
Referred to Appropriations Committee. 

By Senators Hoyle, Jordan, Kerr, Martin of Pitt, Albertson, Perdue, Ballantine, 
and Blackmon: 

S.B. 329, a bill to expand the State ports tax credit. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Hoyle: 

S.B. 330, a bill to ensure representation of both for-profit and nonprofit 
institutions on the State Board of Examiners for Nursing Home Administrators. 
Referred to Children and Human Resources Committee. 

By Senators Hoyle, Plyler, Martin of Pitt, Conder, Hobbs, Odom, Dannelly, 
Kerr, Forrester, and Davis: 
S.B. 331, a bill to provide a limited tolerance for existing truck weights. 
Referred to Transportation Committee. 

By Senators Warren, Albertson, East, and Carpenter: 

S.B. 332, a bill to raise the maximum late payment charge for revolving credit 
loans. 
Referred to Commerce Committee. 

By Senators Albertson, Dannelly, Martin of Pitt, Winner, Gulley, Martin of 
Guilford, Warren, Hoyle, Kerr, and Perdue: 

S.B. 333, a bill to authorize the addition of Run Hill State Natural Area to the 
State Parks System. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Cochrane, Edwards, Parnell, Carpenter, and Martin of Pitt: 
S.B. 334, a bill to make clarifying changes to the Long-Term Care Ombudsman 

Program law, the Nursing Home Community Advisory Committee law, and the 

Adult Care Home Community Advisory Committee law. 
Referred to Children and Human Resources Committee. 

By Senator Odom: 

S.B. 335, a bill to appropriate funds for the Central Cancer Registry. 

Referred to Appropriations Committee. 

By Senators Odom, Blackmon, Winner, and Dannelly: 

S.B. 336, a bill to establish an additional superior court judgeship and five 
additional assistant district attorney positions for Mecklenburg County and to 
appropriate funds for the Mecklenburg County Drug Court Program. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



March 8, 1995 



1995] SENATE JOURNAL 179 

By Senator Odom: 

S.B. 337, a bill to appropriate funds to the Department of Human Resources for 
a grant-in-aid to the Caring Program for Children. 
Referred to Appropriations Committee. 

By Senators Ballance and Carrington: 

S.B. 338, a bill to provide that the Governor may fill district court vacancies by 
appointment of any licensed attorney who is a resident of the district. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Plyler, Conder, and Hartsell: 

S.B. 339, a bill to grant added powers to the Stanly Airport Authority related to 
constructing an industrial park. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Perdue, Odom, Conder, Rand, Plexico, Jordan, Hobbs, 
Hoyle, and Albertson: 

S.B. 340, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies and for other purposes. 

Referred to Appropriations Committee. 

By Senators Soles and Conder: 

S.B. 341, a bill to bring the Teachers' and State Employees' Retirement System, 
the Consolidated Judicial Retirement System, the Local Governmental Employees' 
Retirement System, and the Legislative Retirement System into compliance with 
the Internal Revenue Code and to bring the Supplemental Retirement Income 
Plans for State and Local Law Enforcement Officers into compliance with the 
Uniformed Services Employment and Reemployment Rights Act. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Soles: 

S.B. 342, a bill to improve insurance company financial matters by adopting 
standards for assumption reinsurance, material transactions, and property and casu- 
alty insurer capital. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 55 (Committee Substitute), a bill to provide that sales tax preferences for 
agriculture apply to aquaculture. 
Referred to Finance Committee. 

H.B. 205 (Committee Substitute), a bill to add Alexander, Burke, Caldwell, and 
McDowell Counties to those counties requiring that all vessels carry personal flota- 
tion devices. 

Referred to Local Government and Regional Affairs Committee. 



March 8, 1995 



180 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 16 House of Representatives 

(House Committee Substitute) March 8, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on SB 16, A BILL TO 
BE ENTITLED AN ACT DIRECTING THE STATE BOARD OF EDUCATION 
TO RECOMMEND CHANGES IN THE PUBLIC SCHOOL SYSTEM, which 
proposed to change the title upon concurrence to read House Committee Substi- 
tute for SB 16, A BILL TO BE ENTITLED AN ACT DIRECTING THE STATE 
BOARD OF EDUCATION TO DEVELOP A PLAN FOR THE REORGA- 
NIZATION OF THE DEPARTMENT OF PUBLIC INSTRUCTION, and upon 
adoption the title becomes, Conference Committee Substitute for SB 16, A BILL 
TO BE ENTITLED AN ACT DIRECTING THE STATE BOARD OF EDUCA- 
TION TO RECOMMEND CHANGES IN THE PUBLIC SCHOOL SYSTEM, 
and you may order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The Chair orders the House Committee Substitute bill enrolled. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Senator Basnight, President Pro Tempore, presides over a portion of today's Session. 

S.B. 44 (Committee Substitute), a bill to provide for special registration plates 
for supporters of professional sport teams, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Thursday, March 9, for further consideration upon third reading. 

S.B. 120, a bill to provide uniform tax treatment of North Carolina obligations 
and federal obligations, upon second reading. 
On motion of Senator Kerr, Committee Amendment No. 1 is adopted. 



March 8, 1995 



1995] SENATE JOURNAL 181 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 1, 
as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Soles, Speed, 
Warren, Webster, and Winner — 44. 

Voting in the negative: Senator McDaniel — 1. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, 
Thursday, March 9, for further consideration upon third reading. 

S.B. 229, a bill to remove impediments and disincentives to donating conserva- 
tion land or preservation structures or sites, upon second reading. 

Senator Odom rises to a point of order as to the bill requirement of a three- 
fifths majority vote. 

The Chair takes the point of order under advisement and orders the bill 
temporarily displaced. 

S.B. 21 (Committee Substitute), a bill to permit local boards of education to use 
funds appropriated for teacher assistants and for program enhancement teachers to 
reduce class size pursuant to local school improvement plans. 

On motion of Senator Winner, the Chair orders, without objection, the bill 
temporarily displaced to the end of the regular order of business. 

S.B. 54 (Committee Substitute), a bill to make statutory conforming changes 
necessitated by an act to provide for a gubernatorial veto. 

Senator Cochrane offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second (44-2) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 155, a bill to authorize the Division of Motor Vehicles to issue a temporary 
license plate that is valid for up to sixty days. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 271, a bill to remove the sunset on fuel cost adjustment for electric utilities. 
The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 286, a bill to require laboratories to perform composite testing of water 
samples as part of the laboratory certification program in an effort to reduce costs 
of water tests. 

Senator Simpson offers Amendment No. 1 which is adopted (45-0). 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 80, a bill to repeal the special use tax on construction equipment brought 
into the State. 
The bill passes its second (44-0) and third readings and is ordered enrolled. 



March 8, 1995 



182 SENATE JOURNAL [Session 

S.B. 229, a bill to remove impediments and disincentives to donating conserva- 
tion land or preservation structures or sites, temporarily displaced earlier, upon 
second reading, with a point of order under advisement. 

The Chair rules the measure requires a call of the roll by simple majority 
pursuant to Article II Section 23 of the Constitution. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Warren, Webster, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Thursday, March 9, 
for further consideration upon third reading. 

S.B. 21 (Committee Substitute), a bill to permit local boards of education to use 
funds appropriated for teacher assistants and for program enhancement teachers to 
reduce class size pursuant to local school improvement plans, temporarily displaced 
earlier. 

The Committee Substitute bill passes its second reading (37-8). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
March 9, for further consideration upon third reading. 

REPORTS TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to Chapter 689 of the 1991 Session Laws, the North Carolina 
Department of Human Resources, Division of Youth Services, submits a report of 
progress achieved to date for the seven projects included in the Prison Bond 
Package. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 222, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County, with a favorable report, as 
amended. 

S.B. 288, a bill to allow Alleghany County to acquire property for use by the 
County Board of Education, with a favorable report. 



March 8, 1995 



1995] SENATE JOURNAL 183 

S.B. 283, a bill to prohibit the taking of deer with dogs in a portion of 
Richmond County, with a favorable report. 

S.B. 282, a bill to allow the City of Rockingham to make satellite annexations of 
less than an entire subdivision when the property is developed for commercial or 
industrial use, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 265, a bill to establish a season for hunting foxes with firearms and bow and 
arrow in Caldwell County, with a favorable report. 

S.B. 264, a bill to revive the Charter of the Town of Bethania, with a favorable 
report. 

Pursuant to Rule 42, the Chair orders the bill re-referred to the Finance 
Committee. 

H.B. 121, a bill to allow the hunting of deer with muzzle-loading rifles of any 
caliber during muzzle-loading deer season in Scotland County, with a favorable 
report. 

On motion of Senator Basnight, seconded by Senator Clark, the Senate adjourns 
at 3:46 P.M. to meet tomorrow, Thursday, March 9, at 1:30 P.M. 



TWENTY-SIXTH DAY 

Senate Chamber, 
Thursday, March 9, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, it is an occupational hazard for those of us who have been so 
blessed and who are committed to building a better world to get caught up in the 
architecture of that process. 

"We simply pray today, O Lord, that You remind us of the foundations on which 
the Kingdom of God is built, that in all our abundance we may never forget to be 
kind, that we be unselfish in friendship, thoughtful of those less fortunate than 
ourselves and eager to bear the burdens of others. We pray in Your Holy Name, 
Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith, due to hospitalization; to Senator Conder, due to knee surgery; to 
Senator Odom, due to business; to Senator Sawyer; and to Senator Plexico, due to 
illness. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Wednesday, March 8, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 



March 9, 1995 



184 SENATE JOURNAL [Session 

The President of the Senate extends courtesies of the floor to Dr. Barry Ostrow 
of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 16 (House Committee Substitute), an act directing the State Board of 
Education to recommend changes in the public school system. (Ch. 6) 

H.B. 80, an act to repeal the special use tax on construction equipment brought 
into the State. (Ch. 7) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Jordan: 

S.B. 343, a bill to appropriate funds to the New Hanover Community Health 
Center, Incorporated, for capital expenses. 
Referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 344, a bill to establish the requirements for certification to teach notary 
courses, to allow revocation of notarial commissions for notaries who fail to 
administer oaths or affirmations, and to provide that applicants for recommission- 
ing need not obtain the recommendation of a publicly elected official. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Soles: 

S.B. 345, a bill to make substantive changes to the insurance laws. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Foxx, Martin of Pitt, McDaniel, Ballance, Carrington, and Lucas: 
S.B. 346, a bill to repeal the State Work Program as the JOBS Program becomes 
statewide. 
Referred to Children and Human Resources Committee. 

By Senators Rand, Kerr, Hoyle, Albertson, Martin of Pitt, Warren, and 
Carrington: 

S.B. 347, a bill to appropriate funds to the Department of Agriculture for the 
Cape Lookout Studies Program. 

Referred to Appropriations Committee. 

By Senator Hoyle: 

S.B. 348, a bill to permit the State to use the Setoff Debt Collection Act to 
recoup funds owed by teachers who do not fulfill their obligations under the 
National Board for Professional Teaching Standards Program. 

Referred to Finance Committee. 



March 9, 1995 



1995] SENATE JOURNAL 185 

By Senator Hoyle: 

S.B. 349, a bill to revise the membership of the Housing Coordination and 
Policy Council. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Albertson: 

S.B. 350, a bill to appropriate funds to the Department of Agriculture for the 
expansion of the Maritime Museum. 
Referred to Appropriations Committee. 

By Senators Plyler, Rand, Perdue, Odom, and Hobbs: 
S.B. 351, a bill to provide for special registration plates for Festival 600. 
Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Plyler, Perdue, Odom, Rand, Plexico, Hoyle, Kerr, Martin of Pitt, 
Winner, Martin of Guilford, Warren, and Ballance: 

S.B. 352, a bill to make base budget appropriations for current operations of 
State departments, institutions, and agencies, and for other purposes. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 353, a bill to make technical amendments and corrections in the insurance 
laws. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Sherron: 

S.B. 354, a bill to appropriate funds to the Department of Commerce for the 
Partnership for Quality Growth. 
Referred to Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 63, a bill to require local school boards to provide the North Carolina 
Historical Commission with notice of plans to replace old school buildings by 
submitting the feasibility and cost analyses for review by the Commission, for 
concurrence in House Amendment No. 1. 

On motion of Senator Jordan, the rules are suspended and the bill is placed 
before the Senate for immediate consideration upon concurrence. 

The Senate concurs in House Amendment No. 1 (38-0) and the measure is 
ordered enrolled. 

H.B. 197, a bill to provide a four-year term for the mayor of the Town of 
Roseboro. 
Referred to Local Government and Regional Affairs Committee. 



March 9, 1995 



186 SENATE JOURNAL [Session 

H.B. 339, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County. 

On motion of Senator Hobbs, the rules are suspended and the bill is placed on 
the Calendar for today for consideration upon its passage immediately following 
S.B. 222. 



EXECUTIVE ORDER 

An Executive Order received (See Appendix) is presented to the Senate, read, 
and referred to committee, as follows: 

Executive Order Number 72, North Carolina State Postsecondary Eligibility 
Review Commission. 
Referred to Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 288, a bill to allow Alleghany County to acquire property for use by the 
County Board of Education, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, McKoy, 
Parnell, Perdue, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Warren, Webster, 
and Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, March 13, for further 
consideration upon third reading. 

S.B. 222, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County. 

On motion of Senator Hobbs, the Chair orders, without objection, the bill 
temporarily displaced. 

H.B. 339, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County, placed earlier today on the Calen- 
dar upon its passage. 

The bill passes its second (42-0) and third readings and is ordered enrolled. 

S.B. 283, a bill to prohibit the taking of deer with dogs in a portion of 
Richmond County. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

H.B. 121, a bill to allow the hunting of deer with muzzle-loading rifles of any 
caliber during muzzle-loading deer season in Scotland County. 
The bill passes its second and third readings and is ordered enrolled. 



March 9, 1995 



1995] SENATE JOURNAL 187 

S.B. 7, a bill to amend the Constitution of North Carolina to authorize the 
General Assembly to enact legislation allowing each county to (i) increase the 
amount of the property tax homestead exemption for low-income elderly and dis- 
abled individuals in that county and (ii) raise the definition of "low-income" so 
that more elderly and disabled individuals can qualify for the exemption, as 
amended, upon third reading. 

Receiving a three-fifths affirmative majority vote, the bill, as amended, passes its 
third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, McKoy, Parnell, 
Perdue, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Warren, and 
Winner — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Represen- 
tatives. 

S.B. 44 (Committee Substitute), a bill to provide for special registration plates 
for supporters of professional sport teams, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, McKoy, 
Parnell, Perdue, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Warren, 
Webster, and Winner— 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 120, a bill to provide uniform tax treatment of North Carolina obligations 
and federal obligations, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 1, 
as follows; 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McKoy, Parnell, 
Perdue, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Webster, and 
Winner — 40. 

Voting in the negative: Senator McDaniel — 1. 

The bill, as amended, is ordered engrossed and sent to the House of Represen- 
tatives. 

S.B. 229, a bill to remove impediments and disincentives to donating conserva- 
tion land or preservation structures or sites, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 



March 9, 1995 



188 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, McKoy, 
Parnell, Perdue, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Webster, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 265, a bill to establish a season for hunting foxes with firearms and bow and 
arrow in Caldwell County. 

The bill passes its second (40-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 21 (Committee Substitute), a bill to permit local boards of education to use 
funds appropriated for teacher assistants and for program enhancement teachers to 
reduce class size pursuant to local school improvement plans, upon third reading. 

Senator Winner offers Amendment No. 1. 

Senator Kerr offers a substitute amendment, No. 2. Following lengthy debate, 
Senator Kerr calls the previous question, seconded by Senator Rand. The call is 
sustained. 

Amendment No. 2 fails of adoption (13-31) and the question reverts to the 
adoption of Amendment No. 1. 

Amendment No. 1 is adopted (37-7). 

Senator Winner offers Amendment No. 3 which is adopted (38-5). 

The Committee Substitute bill, as amended, passes its third reading (39-5) and 
is ordered engrossed and sent to the House of Representatives. 

REPORTS OF COMMITTEES 

Bills are reported out of the regular order of business from standing committees, 
read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 220, a bill to provide counties with information to enable them to verify 
claims for refunds of their local sales and use tax, with a favorable report. 

By Senator Speed for the Transportation Committee: 

S.B. 241, a bill to authorize the Department of Transportation to sell souvenirs 
on ferries and at ferry facilities, with a favorable report. 
On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

CALENDAR (Continued) 

S.B. 222, a bill to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County, temporarily displaced earlier. 

With unanimous consent, on motion of Senator Hobbs, the bill is re-committed 
to the Local Government and Regional Affairs Committee. 



March 9, 1995 



1995] SENATE JOURNAL 189 

LEGISLATIVE ETHICS COMMITTEE APPOINTMENTS 

Pursuant to G.S. 120-99, Senator Basnight, President Pro Tempore, appoints the 
following members to the Legislative Ethics Committee: 

Senator Perdue (Chairman), Senator Cooper, Senator Davis, Senator Hartsell, 
and Senator Odom. 

On motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns 
at 2:38 P.M. to meet Monday, March 13, at 7:00 P.M. 



TWENTY-SEVENTH DAY 

Senate Chamber, 
Monday, March 13, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend John Ed Wayland, Jr., the Senior Minister of 
Bethel Presbyterian Church in Davidson, as follows: 

"Heavenly Father, 'the earth is Thine and the fullness thereof; the world, and 
they that dwell therein. Unto Thee do we lift our souls. What dost Thou require 
of us? But to do justly, to love mercy, and to walk humbly with our Lord.' 

"Examine us O Lord, to see if we have walked in integrity, to see if we have 
trusted in Thee. 

"For this gathering we ask that You will direct and prosper all our consultations. 
Let justice roll down as water, and righteousness as a mighty stream. 

"O Lord, Omnipotent Father, we know that all power rests in Thee and Thou 
hast allowed us to represent this great people. May all our decisions be for the 
advancement of Thy Glory, for the safety, honor and welfare of all people in our 
great State. 

"We commend to Thy keeping all those who are serving the State of North 
Carolina. Endue them with loyalty and courage; and grant that in all their 
deliberations they be aware that they are servants that are here to advance Thy 
glory. Make us aware of the impacts of our decisions in every matter that arises 
before us. May we be aware that the power that has been bestowed on each of 
us should be used that society may prosper. Grant to these men and women the 
wisdom of Solomon. 

"And as we are in session, and when time seems to be dragging, remind us that 
They that wait upon the Lord shall renew their strength; they shall mount up with 
wings as eagles, they shall run and not be weary, they shall walk and faint not.' 

"Endue us with loyalty, courage, and patience. Help us to seek and work for 
the good of our country. Help us to do it gladly — as unto God. 'Long may our 
land be bright with freedom's holy light, protect us by Thy Might, Great God, our 
King.' Amen." 



March 13, 1995 



190 SENATE JOURNAL [Session 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; to Senator 
Plexico due to illness; to Senator Perdue due to illness; to Senator Conder due to 
knee surgery; and to Senator Sherron. 

Senator Basnight, President Pro Tempore, announces that the Journal of 
Thursday, March 9, has been examined and is found to be correct. On his motion 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the gallery to Judge Dennis Win- 
ner, former Senator from Buncombe County. 

The President of the Senate extends courtesies of the floor to Dr. Benton S. 
Satterfield of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 63, an act to require local school boards to provide the North Carolina 
Historical Commission with notice of plans to replace old school buildings by 
submitting the feasibility and cost analyses for review by the Commission. (Ch. 8) 

S.B. 133, an act to allow Graham County and Macon County to employ attach- 
ment or garnishment and to obtain a lien for ambulance services and to make it 
a misdemeanor to obtain ambulance services without intent to pay or to make an 
unneeded ambulance request in Graham County and Polk County. (Ch. 9) 

S.B. 153, an act to remove the requirements that Granite Falls ABC stores be 
audited quarterly. (Ch. 10) 

H.B. 121, an act to allow the hunting of deer with muzzle-loading rifles of any 
caliber during muzzle-loading deer season in Scotland County. (Ch. 11) 

H.B. 181 (Committee Substitute), an act to change the pay date for the Caldwell 
County Schools. (Ch. 12) 

H.B. 339, an act to provide that the laws relating to motor vehicles apply within 
the Seven Lakes Community in Moore County. (Ch. 13) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 56, a bill to repeal antiquated, obsolete, or unconstitutional laws, with a 
favorable report, as amended. 



March 13, 1995 



1995] SENATE JOURNAL 191 

S.B. 82, a bill to increase the amount of property collectible by small estate 
affidavit where the sole heir and/or devisee is the surviving spouse, to increase the 
minimum amount of intestate personal property passing to the surviving spouse, 
and to increase the amount of the year's allowance for a surviving spouse and 
children, as recommended by the General Statutes Commission, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the proposed Committee Substitute bill 9545, 
which changes the title to read, S.B. 82 (Committee Substitute), a bill to increase 
the amount of property collectible by small estate affidavit where the sole heir 
and/or devisee is the surviving spouse, to increase the minimum amount of 
intestate personal property passing to the surviving spouse, and to increase the 
amount of the year's allowance for a surviving spouse and children, as recom- 
mended by the General Statutes Commission, and to increase the limitation for 
funeral expenses, is placed before the Senate for immediate consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Parnell for the Commerce Committee: 

S.B. 268, a bill to provide that fees paid by borrowers to loss reserve accounts 
of State-funded economic development programs are not considered interest or 
subject to claims or defenses of usury, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the proposed Committee Substitute bill 5554 is 
placed before the Senate for immediate consideration, and on his further motion, 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Soles: 

S.B. 355, a bill to appropriate funds to the Department of Commerce for 
economic development projects in Columbus County. 
Referred to Appropriations Committee. 

By Senators Simpson, Kincaid, Cochrane, Forrester, Little, East, McDaniel, 
Ballantine, Foxx, Carrington, Clark, McKoy, Ledbetter, Webster, and Carpenter: 

S.B. 356, a bill to provide that a person who meets statutory criteria may carry 
a concealed handgun if the person has obtained a concealed handgun permit, to 
authorize clerks of court to issue concealed handgun permits, to establish the 
criteria that must be satisfied to receive the handgun, to establish the procedure 
for the issuance of a concealed handgun permit, and to make conforming statutory 
changes. 

Referred to Judiciary I/Constitution Committee. 



March 13, 1995 



192 SENATE JOURNAL [Session 

By Senator Simpson: 

S.B. 357, a bill to exempt the Department of Transportation from the require- 
ment of making quarterly reports of mileage of State vehicles assigned to the 
Department and to allow assignments of vehicles to the Department to be revoked 
only when the Department consents. 

Referred to Transportation Committee. 

By Senators Plexico, Conder, Plyler, Hobbs, Parnell, Speed, Hoyle, Perdue, 
Albertson, and Warren: 

S.B. 358, a bill to repeal judicial review of life sentences without parole after 
twenty-five years and every two years thereafter. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Albertson, Forrester, Simpson, Davis, Carpenter, Webster, Hartsell, 
East, Little, Hoyle, Dannelly, Gulley, Martin of Guilford, Cooper, Rand, Warren, 
Perdue, Winner, Soles, Speed, Cochrane, Ballantine, Shaw, McKoy, Ledbetter, 
Jordan, Sherron, McDaniel, Kincaid, Carrington, Blackmon, Horton, Martin of Pitt, 
Lucas, Allran, Foxx, Clark, Hobbs, Parnell, and Edwards: 

S.B. 359, a bill to make it a felony offense to impersonate a law enforcement 
officer by unlawfully operating a motor vehicle with an operating blue or red light. 

Referred to Judiciary I/Constitution Committee. 

By Senator Ballance: 

S.B. 360, a bill to appropriate funds for Harriet's House. 

Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 361, a bill to recommended by the Juvenile Code Committee of the 
Legislative Research Commission to extend the pilot program established under 
the Administrative Office of the Courts regarding juvenile court jurisdiction over 
juveniles between sixteen and eighteen years of age who are beyond the 
disciplinary control of their parents and to clarify the scope of the program. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Cooper and Rand: 

S.B. 362, a bill relating to appointments to the Sheriffs' Education and Training 
Standards Commission, amending the laws relating to the powers of and appeals 
before the Sheriffs' Education and Training Standards Commission, and otherwise 
pertaining to Chapter 17E of the General Statutes. 

Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Odom, Perdue, Dannelly, Gulley, Warren, Soles, Ballantine, 
Sherron, and McKoy: 

S.B. 363, a bill to authorize the issuance of twenty-three million nine hundred 
thousand dollars of Community College bonds or notes and to appropriate the 
proceeds of these bonds and notes for specific community college capital projects. 

Referred to Appropriations Committee. 



March 13, 1995 



1995] SENATE JOURNAL 193 

By Senator Soles: 

S.B. 364, a bill to authorize Columbus County to levy a room occupancy and 
tourism development tax. 
Referred to Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 161 (Committee Substitute), a bill to provide the public with access to 
low-cost telecommunications service in a changing competitive environment. 
Referred to Commerce Committee. 

H.B. 178, a bill to provide that Scotland County and the cities located in that 
County may require issuance of a building permit for the replacement and disposal 
of roofing. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 188, a bill to extend to the City of Lumberton provisions of a local act 
which provide that service in housing code cases is sufficient when a regular letter 
is sent out along with a registered or certified letter, and the regular letter is not 
returned, but the registered or certified mail is unclaimed or refused. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 336, a bill to allow trainers of assistance dogs to be accompanied by an 
assistance dog during training sessions when using places of public accommodation 
or common carriers. 

Referred to Children and Human Resources Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 288, a bill to allow Alleghany County to acquire property for use by the 
County Board of Education, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Parnell, Plyler, Rand, Shaw, Simpson, Soles, Speed, Warren, Webster, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 220, a bill to provide counties with information to enable them to verify 
claims for refunds of their local sales and use tax. 

The bill passes its second (42-0) and third readings and is ordered sent to the 
House of Representatives. 



March 13, 1995 



194 SENATE JOURNAL [Session 

APPOINTMENTS BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read, as follows: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

March 9, 1995 

The Honorable Dennis Wicker 
President of the Senate 
2104 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President: 

Pursuant to General Statute 115C-10-11, I hereby appoint Kathy A Taft and 
Jane Norwood as members of the North Carolina State Board of Education and 
submit their names for confirmation by the North Carolina General Assembly. 

Ms. Taft will replace William Meekins as the Region One representative. She 
will serve a term to begin April 1, 1995 and to expire March 31, 2003. 

Dr. Norwood is being reappointed to an at-large position. Her term will begin 
April 1, 1995 and expire March 31, 2003. 



My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Education/Higher Education Committee. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Thomas J. Beam, Hickory; Jennifer Livingston Best, Goldsboro; Cory Burton, 
Dover; Christopher Tyrone Coleman, Shelby; Catherine Tyler Forsythe, Raleigh; 
Caroline Dawn Gore, Whiteville; Alice Tyson Hartsell, Concord; Howard Lester 
Hicks, Jr., Mebane; Anna Bradsher Honeycutt, Raleigh; Atasha Isley, Siler City; 
Sarah E. Juhl, Concord; Garry B. Laney, High Point; Ashley Moye, Concord; 
Shanna Nelson, Raleigh; Stephen C. Price, Sanford; Timothy Keith Ramseur, 
Shelby; Catherine Tarrant Setzer, Goldsboro; Jessica Tate, Charlotte; Margaret L. 
Wall, Concord; Adam Thomas Watson, Conover; Ann M. Youngblood, Roanoke 
Rapids; and Matthew Youngblood, Roanoke Rapids. 

On motion of Senator Basnight, seconded by Senator Soles, the Senate adjourns 
at 7:40 P.M. to meet tomorrow, Tuesday, March 14, at 3:00 P.M. 



March 13, 1995 



1995] SENATE JOURNAL 195 

TWENTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, March 14, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, we open every Session of the Senate with a prayer for Your Help 
and Guidance because everything that goes on, from committee meetings to the 
ratification of a bill, involves carefully counting the costs. 

"Often we pray for that which is already ours, but is neglected or overlooked. 
Sometimes we pray for that which can never be ours and sometimes for that which 
we must do ourselves. 

"Give us discernment to know the difference and to understand that faith with- 
out works is dead, and works without faith can never live. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; to Senator 
Conder for knee surgery; to Senator Plexico due to illness; and to Senator Sherron. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 13, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Clyde Kent 
Price of Jacksonville, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 333, a bill to authorize the addition of Run Hill State Natural Area to the 
State Parks System, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 7575 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

With unanimous consent, on motions of Senator Rand, the rules are suspended 
as to the sequential referral to the Appropriations Committee ordered on March 8, 
and the Committee Substitute bill is placed on the Calendar for Wednesday, 
March 15, for further consideration. 



March 14, 1995 



196 SENATE JOURNAL [Session 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 254, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of 
Commissioners, with a favorable report. 

S.B. 309, a bill relating to notices of lis pendens by the City of Winston-Salem, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Webster, Carrington, Foxx, East, Cochrane, Simpson, Kincaid, and 
Blackmon: 

S.B. 365, a bill to provide for the taking of nongame fish with bow and arrow 
under authority of other hunting and fishing licenses. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Parnell: 

S.B. 366, a bill to remove the limitation on funding for the per diem costs of 
inmates housed out-of-State. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Lucas, Gulley, Dannelly, and Martin of Guilford: 
S.B. 367, a bill recommended by the Legislative Research Commission Study 
Committee on Child Care Issues to establish the requirements for the monthly 
schedule of payments of the purchase of child care services for low-income chil- 
dren, and to appropriate funds. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Lucas, Foxx, Ballance, Edwards, and McDaniel: 
S.B. 368, a bill to provide for direct payment of licensed marriage and family 
therapists under health insurance policies and plans. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Lucas, Allran, Dannelly, Sherron, Warren, Davis, Martin of 
Guilford, Hobbs, and Plexico: 

S.B. 369, a bill to implement the recommendation of the Commission on 
Children with Special Needs to direct the State Board of Education to adopt 
guidelines to establish resource teams in each school, and to direct the State Board 
of Education to review and revise certain rules governing programs and services 
for children with special needs so that measurable, high expectations are estab- 
lished for these children and their programs. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Lucas, Ballance, Hobbs, Gulley, and Martin of Guilford: 
S.B. 370, a bill recommended by the Legislative Research Commission Child 
Care Committee to aid certain working parents of low-income children who are 



March 14, 1995 



1995] SENATE JOURNAL 197 

not currently receiving child care subsidies to receive subsidies to enable them to 
continue to work, and to appropriate funds. 
Referred to Appropriations Committee. 

By Senators Lucas, Ballance, Hobbs, Gulley, McKoy, and Martin of Guilford: 
S.B. 371, a bill recommended by the Legislative Research Commission Child 

Care Committee to mandate criminal history checks of child day care providers, to 

study the use of the Central Registry on Child Abuse and Neglect, and to 

appropriate funds. 
Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to the Appropriations Committee. 

By Senators Lucas, Ballance, Hobbs, Gulley, and Martin of Guilford: 
S.B. 372, a bill recommended by the Legislative Research Commission Child 
Care Committee to appropriate funds to provide child care resources and referral 
services to certain counties unserved by early childhood education and 
development initiatives that are currently unable to use all their day care 
allocations. 
Referred to Appropriations Committee. 

By Senators Lucas, Ballance, Hobbs, Gulley, and Martin of Guilford: 
S.B. 373, a bill recommended by the Legislative Research Commission Child 
Care Committee to increase eligibility limits for child care subsidies to enable 
families to receive child care for a longer period of time as they transition off 
welfare, and to appropriate funds. 
Referred to Appropriations Committee. 

By Senator Hobbs: 

S.B. 374, a bill relating to the compensation of the members and chairperson of 
the Moore County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Conder: 

S.B. 375, a bill to enlarge the membership of the Stanly County Economic 
Development Commission. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Kerr: 

S.B. 376, a bill to expand the jobs tax credit to provide credits for more 
distressed areas. 
Referred to Finance Committee. 

By Senators Horton, McDaniel, and Cochrane: 

S.B. 377, a bill including within the definition of an abandoned vehicle those left 
on certain highways within the City of Winston-Salem for more than forty-eight 
hours. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Cooper and Speed: 

S.B. 378, a bill to appropriate funds for an Alzheimer's Unit at the North 
Carolina Special Care Center in Wilson. 
Referred to Appropriations Committee. 



March 14, 1995 



198 SENATE JOURNAL [Session 

By Senators Cooper and Allran: 

S.B. 379, a bill recommended by the Legislative Research Commission's Study 
Committee on the Juvenile Code to allow courts to order psychiatric or psycho- 
logical treatment of parents of juveniles adjudicated delinquent, undisciplined, 
abused, neglected, or dependent at the dispositional hearings or subsequent hear- 
ings and to provide for notice. 

Referred to Children and Human Resources Committee. 

By Senators Cooper and Allran: 

S.B. 380, a bill to clarify the maximum period of time a juvenile may be 
committed in accordance with structured sentencing. 
Referred to Judiciary I/Constitution Committee. 

By Senators Cooper and Allran: 

SJ.R. 381, a joint resolution authorizing the Legislative Research Commission to 
study the Juvenile Code. 
Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 162, a bill to delay the effective date of the changes made in 1994 to the 
laws concerning the tinting of windows on motor vehicles, for concurrence in 
House Amendment No. 1. 

On motion of Senator Hoyle, the rules are suspended without objection, and the 
bill is placed before the Senate for immediate consideration, upon concurrence. 

The Senate concurs in House Amendment No. 1 (43-0) and the measure is 
ordered enrolled. 

H.B. 300, a bill authorizing limited purchasing of goods and services from non- 
certified sources. 
Referred to Commerce Committee. 

H.B. 301, a bill to provide for the award of State requirements contracts for 
furniture. 
Referred to Commerce Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 223, a bill to authorize criminal record checks of public school employees, 
with an unfavorable as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper the proposed Committee Substitute bill 8570 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 



March 14, 1995 



1995] SENATE JOURNAL 199 

With unanimous consent, on motions of Senator Kerr, the rules are suspended 
as to the sequential referral to the Finance Committee ordered on February 16, 
and the Committee Substitute bill is placed on the Calendar for Wednesday, 
March 15, for further consideration. 

S.B. 115, a bill to authorize the creation of self-insurance trust funds to provide 
professional liability insurance coverage for State employees and to appropriate 
funds to a reserve fund to provide the initial funding if the trust is created, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 8571 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 56, a bill to repeal antiquated, obsolete, or unconstitutional laws. 
On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 
Senator McDaniel offers Amendment No. 2 which fails of adoption (9-32). 
The bill, as amended, passes its second (41-2) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

On motion of Senator Basnight, seconded by Senator Hobbs, the Senate 
adjourns at 3:40 P.M. to meet tomorrow, Wednesday, March 15, at 3:00 P.M. 



TWENTY-NINTH DAY 

Senate Chamber, 
Wednesday, March 15, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, there is an old prayer that speaks of God 'in Whose Service is 
perfect freedom.' That concept sounds like a paradox to us — the idea of serving 
in perfect freedom, 

"But it means that to obey You, O Lord, Who above all else wishes us well, 
leaves us the freedom to be the best and gladdest that we have in us to become. 
The only freedom You would deny is the freedom to destroy ourselves. 

"Help us to be worthy servants today, free and faithful to the tasks to which You 
have called us. In Your Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; to Senator 



March 15, 1995 



200 SENATE JOURNAL [Session 

Conder due to knee surgery; and to Senator Plexico, due to illness, and to Senator 
Sherron. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Tuesday, March 14, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Mendall 
Jordan of Goldsboro, who is serving the Senate as Doctor of the Day. 

The Chair extends privileges of the floor to The Honorable James C. Green, former 
Senator, Speaker of the House of Representatives, and Lieutenant Governor of the 
State of North Carolina. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 162, an act to delay the effective date of the changes made in 1994 to the 
laws concerning the tinting of windows on motor vehicles. (Ch. 14) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 317, a bill to repeal the Advisory Committee on Home and Community 
Care, with a favorable report. 

S.B. 318, a bill to change the time requirement for the updating of the plan for 
serving older adults, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 330, a bill to ensure representation of both for-profit and nonprofit 
institutions on the State Board of Examiners for Nursing Home Administrators, 
with a favorable report. 

By Senator Plyler, Co-Chairman, for Senator Perdue for the Appropriations 
Committee: 

S.B. 22, a bill to allocate funds appropriated by the 1993 General Assembly to 
the School Technology Reserve, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended, and the proposed 
Committee Substitute bill 7568 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

The Chair orders the measure placed on the Calendar for Thursday, March 16, 
for further consideration. 



March 15, 1995 



1995] SENATE JOURNAL 201 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Plexico, Martin of Pitt, Warren, Cochrane, and Hartsell: 
S.B. 382, a bill to appropriate funds for the North Carolina Technological 
Development Authority, Inc. 
Referred to Appropriations Committee. 

By Senators Albertson, Martin of Pitt, Gulley, Hoyle, Parnell, Carpenter, Speed, 
Cooper, Martin of Guilford, and Warren: 

S.B. 383, a bill to permit the use of the correction enterprises laundry operation 
in emergency situations and in the event of equipment malfunction or renovation 
at certain hospital laundries. 

Referred to Judiciary II/EIection Laws Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 127, a bill to limit the liability of landowners to members of the public 
entering the land for educational and recreational purposes. 
Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 333 (Committee Substitute), a bill to authorize the addition of Run Hill 
State Natural Area to the State Parks System, upon second reading. 

With unanimous consent, on motion of Senator Albertson, the Committee 
Substitute bill is ordered placed on the Calendar for tomorrow, Thursday, 
March 16, for consideration upon second reading. 

S.B. 254, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of 
Commissioners. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 309, a bill relating to notices of lis pendens by the City of Winston-Salem. 
The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 223 (Committee Substitute), a bill to authorize criminal record checks of 
public school employees. 

Following debate, the Committee Substitute bill passes its second reading (42-2). 

Senator Odom objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
March 16, for further consideration upon third reading. 



March 15, 1995 



202 SENATE JOURNAL [Session 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 237, a bill to provide that farmland owned by a partnership may quality for 
use value tax treatment to the same extent as farmland owned by a corporation, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed Commit- 
tee Substitute bill 4569, which changes the title to read S.B. 237 (Committee 
Substitute), a bill to clarify the use value tax law, to update the law to conform to 
modern family property transactions, and to expand the category of relatives who 
may qualify for use value property transfers, is placed before the Senate for 
immediate consideration. 

On motion of Senator Kerr, the Committee Substitute bill is adopted. 

The Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
March 16, for further consideration. 

On motion of Senator Basnight, seconded by Senator Webster, the Senate 
adjourns at 3:45 P.M. to meet tomorrow, Thursday, March 16, at 3:00 P.M. 



THIRTIETH DAY 

Senate Chamber, 
Thursday, March 16, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. James M. McDaniel, a retired Presbyterian Minister 
from Mobile, Alabama, and father of Senator Mark McDaniel from Forsyth, as 
follows: 

"Our Father, those who call North Carolina home live in a place of incredible 
natural beauty, where the cardinal, the flowering dogwood and longleaf pine are in 
abundance. 

"It is a high and holy task to which You have called these men and women who 
serve in the Senate of North Carolina. May they be people of honor and integrity, 
sensitive to Your Presence in their private lives and in their public service, remem- 
bering the words of the Psalmist, 'Unless the Lord build the house, those who 
would build it labor in vain. Unless the Lord watches over the city, the watchman 
stays awake in vain.' 

"O God, fill Your servants here with Your Power and Wisdom, for they have an 
enormous responsibility. They oversee and make the laws for a State that 



March 16, 1995 



1995] SENATE JOURNAL 203 

stretches 188 miles from Pelham in the north to Caswell Beach in the south, 499 
miles from Stumpy Point in the east to Hiwassee in the west. 

"In the face of our challenges, we ask not for tasks equal to our strength, but for 
strength equal to our tasks — however great those tasks may be. In their work 
together may the members of this Senate put aside petty differences that divide, 
and concentrate on things they have in common — the best interests of the State as 
a whole. 

"May Your Servants here seek to serve the people with energy, intelligence, 
imagination, and love. In their work together may they find a genuine joy, and — 
when the lengthening shadows that fall down around them until it becomes night — 
then may they hear the whispered benediction from God on high, 'Well done, good 
and faithful servant.' 

"We make our prayer in the name of our Creator and Lord. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Conder for knee surgery; to 
Senator Plexico due to illness; to Senator Sawyer due to illness; and to Senator 
Allran. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 15, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Joseph J. 
Baum of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 89, a bill to require the Board of Governors, the State Board of Education, 
the Department of Public Instruction, and the Teaching Fellows Commission to 
study how to increase the number of minority teachers in public schools and to 
study the use of school facilities for community-based organization activities, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner, the proposed Committee Substitute bill 1589, 
which changes the title to read S.B. 89 (Committee Substitute), a bill to require 
the State Board of Education/Board of Governors Liaison Committee to study how 
to increase the number of minority teachers in public schools and to study the use 
of school facilities for community-based organization activities, is placed before the 
Senate for immediate consideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 20, a bill to amend the School Improvement and Accountability Act of 
1989, with a favorable report, as amended. 



March 16, 1995 



204 SENATE JOURNAL [Session 

By Senator Parnell for the Commerce Committee: 

S.B. 293, a bill to permit the importation and bottling of spirituous liquor within 
foreign trade zones located at the Wilmington and Morehead City Ports, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Kerr for the Finance Committee: 

S.B. 282, a bill to allow the City of Rockingham to make satellite annexations of 
less than an entire subdivision when the property is developed for commercial or 
industrial use, with a favorable report, as amended. 

S.B. 264, a bill to revive the Charter of the Town of Bethania, with a favorable 
report, as amended. 

S.B. 241, a bill to authorize the Department of Transportation to sell souvenirs 
on ferries and at ferry facilities, with a favorable report. 

S.B. 269, a bill to authorize the Town of Dallas to enact a property maintenance 
ordinance and to assess certain costs of enforcement as a lien against the property, 
with a favorable report. 

S.B. 348, a bill to permit the State to use the Setoff Debt Collection Act to 
recoup funds owed by teachers who do not fulfill their obligations under the Na- 
tional Board for Professional Teaching Standards Program, with a favorable report. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 380, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with structured sentencing, with a favorable report. 

CALENDAR 

S.B. 237 (Committee Substitute), a bill to clarify the use value tax law, to update 
the law to conform to modern family property transactions, and to expand the 
category of relatives who may qualify for use value property transfers, on today's 
Calendar. 

With unanimous consent, on motion of Senator Speed, consideration of the 
Committee Substitute bill is postponed until Monday, March 20. 

COMMITTEE REPORTS (Continued) 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 34, a bill to abolish execution by lethal gas and to provide that a person 
convicted of a criminal offense who is sentenced to death shall be executed by the 
administration of lethal drugs, with a favorable report, as amended. 

On motion of Senator Gulley, the rules are suspended, and the bill is placed 
before the Senate for immediate consideration and on his further motion Com- 
mittee Amendment No. 1 is adopted. 



March 16, 1995 



1995] SENATE JOURNAL 205 

With unanimous consent, the bill, as amended, is placed on the Calendar for 
Monday, March 20, for further consideration upon its passage. 

S.B. 324, a bill to provide that a court may order payment of a fee to the 
Victims Compensation Fund by a defendant placed on probation, with a favorable 
report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator McDaniel: 

S.B. 384, a bill relating to pyrotechnics in the City of WinstonSalem. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Conder, Little, Shaw, Hobbs, Cochrane, Hartsell, Rand, Forrester, 
Allran, Kerr, East, Lucas, Edwards, McDaniel, Hoyle, Albertson, Parnell, Horton, 
Cooper, Webster, Carpenter, Clark, Ledbetter, Davis, and Martin of Guilford: 

S.B. 385, a bill to authorize the issuance of twentythree million nine hundred 
thousand dollars of Community College bonds or notes and to appropriate the 
proceeds of these bonds and notes for specific community college capital projects. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

M. M. M. 

By Senator Kincaid: 

S.B. 386, a bill to provide that the regulation of water supply watersheds does 
not apply to certain watersheds. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Conder: 

S.B. 387, a bill to appropriate funds for the Family Preservation Services 
Program. 
Referred to Appropriations Committee. 

By Senator Albertson: 
S.B. 388, a bill to amend the pesticide law. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Hoyle: 

S.B. 389, a bill to amend the State Controller's duties with respect to tele- 
communications and other services. 
Referred to Commerce Committee. 



March 16, 1995 



206 SENATE JOURNAL [Session 

By Senators Warren, Lucas, Allran, Carpenter, Albertson, Dannelly, Hoyle, 
Martin of Pitt, East, Cooper, Martin of Guilford, Gulley, Carrington, Foxx, and 
Forrester: 

S.B. 390, a bill to establish the Heart Disease and Stroke Prevention Task Force 
and to appropriate funds to implement this act. 

Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 391, a bill to appropriate funds to provide for a Model Clinical Teaching 
Network in Eastern North Carolina. 
Referred to Appropriations Committee. 

By Senators Rand and Edwards: 

S.B. 392, a bill to provide for the State of North Carolina to establish a State 
Veterans Home program in the Division of Veterans Affairs of the Department of 
Administration. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting a 
bill for concurrence which is read and disposed of, as follows: 

S.B. 27 (Committee Substitute), a bill to repeal the prison population cap, for 
concurrence in the House Committee Substitute bill, which changes the title, upon 
concurrence, to read S.B. 27 (House Committee Substitute), a bill to repeal the 
prison population cap, to raise the limit on prison capacity, to authorize the parole 
of nonviolent inmates, to authorize certain contracts for the housing of State 
prisoners in local confinement facilities, to allow for the contracting of private 
prisons, to remove the limit on prisoners who may be housed in non-state owned 
facilities, to remove the sunset on contracts with out-of-state public correctional 
facilities, and to allow the Department to use available funds to provide additional 
prison beds and employ necessary staff. 

On motion of Senator Odom, the rules are suspended, without objection, and 
the House Committee Substitute bill is placed on the Calendar for today for im- 
mediate consideration, upon concurrence. 

The Senate fails to concur in the House Committee Substitute bill (16-28). 

Senator Odom offers a motion that the Senate do appoint conferees, which 
motion prevails. 

The President Pro Tempore takes the appointment of conferees under 
advisement. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 



March 16, 1995 



1995] SENATE JOURNAL 207 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of trans- 
porter plates, to allow owners of salvage vehicles to retain title to the vehicles, and 
to exempt out-of-state utility vehicles that are used in certain emergency operations 
from the vehicle registration and road tax requirements. 

Referred to Transportation Committee. 

H.B. 204 (Committee Substitute), a bill to ensure representation of both for- 
profit and nonprofit institutions on the State Board of Examiners for Nursing 
Home Administrators. 

Referred to Children and Human Resources Committee. 

H.B. 304 (Committee Substitute), a bill to create a State Procurement Policy 
Council. 
Referred to Commerce Committee. 

H.B. 309, a bill making a qualified exception from the Public Records Act for 
the Pamlico County Geographical Information System. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 370, a bill to restore extraterritorial planning powers of the Town of River 
Bend but prohibit it from making involuntary annexations. 
Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 333 (Committee Substitute), a bill to authorize the addition of Run Hill 
State Natural Area to the State Parks System, upon second reading. 

The Chair rules the measure requires a call of the roll by simple majority vote, 
pursuant to Article II, Section 23 of the Constitution. 

Following lengthy debate, Senator Albertson calls the previous question, sec- 
onded by Senator Rand. The call is sustained. 

The Committee Substitute bill passes its second reading by roll— call vote, 
ayes 42, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Parnell, Perdue, Plyler, Rand, Sherron, Simpson, Soles, Speed, 
Warren, and Winner — 42. 

Voting in the negative: Senators Shaw and Webster — 2. 

The Committee Substitute bill is placed on the Calendar for Monday, March 20, 
for further consideration, upon third reading. 

S.B. 22 (Committee Substitute), a bill to allocate funds appropriated by the 1993 
General Assembly to the School Technology Reserve. 

The Committee Substitute bill passes its second (37-3) and third readings and is 
ordered sent to the House of Representatives. 



March 16, 1995 



208 SENATE JOURNAL [Session 

S.B. 317, a bill to repeal the Advisory Committee on Home and Community 
Care. 

The bill passes its second (42-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 330, a bill to ensure representation of both forprofit and non-profit institu- 
tions on the State Board of Examiners for Nursing Home Administrators. 

The bill passes its second (42-0) and third readings and is ordered sent to the 
House of Representatives. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 27 (Committee Substitute), a bill to repeal the prison population cap, which 
changes the title upon concurrence to read S.B. 27 (House Committee Substitute), 
a bill to repeal the prison population cap, to raise the limit on prison capacity, to 
authorize the parole of nonviolent inmates, to authorize certain contracts for the 
housing of State prisoners in local confinement facilities, to allow for the contract- 
ing of private prisons, to remove the limit on prisoners who may be housed in 
non-state owned facilities, to remove the sunset on contracts with out-of-state 
public correctional facilities, and to allow the Department to use available funds to 
provide additional prison beds and employ necessary staff, with the motion of 
Senator Odom that the Senate do appoint conferees prevailing earlier today. 

The President Pro Tempore appoints Senator Odom, Chairman, and Senators 
Hartsell, Ballance, and Parnell as conferees on the part of the Senate to resolve 
the differences arising between the two Bodies, and a message is ordered sent to 
the House of Representatives informing that Honorable Body of such action and 
requesting conferees. 

APPOINTMENTS BY THE PRESIDENT PRO TEMPORE 

Senator Basnight, President Pro Tempore, announces the following appointments: 

JOINT LEGISLATIVE COMMISSION ON 
GOVERNMENTAL OPERATIONS 

Pursuant to G.S. 120-74, the President Pro Tempore appoints Senator Conder {ex 
officio), Senator Allran, Senator Cochrane, Senator Edwards, Senator Perdue, Sen- 
ator Plyler, Senator Odom, Senator Rand, Senator Sherron, and Senator Warren. 

CALENDAR (Continued) 

S.B. 223 (Committee Substitute), a bill to authorize criminal record checks of 
public school employees, upon third reading. 

On motion of Senator Perdue, consideration of the Committee Substitute bill is 
postponed until Tuesday, March 21. 

REPORTS TO GENERAL ASSEMBLY 

Agencies directed to report to the General Assembly submit reports 
(See Addendum) which are ordered placed on file in the Legislative Library, as 
follows: 



March 16, 1995 



1995] SENATE JOURNAL 209 

Pursuant to Chapter 769, Sec. 25.22 of the 1993 Session Laws, the North 
Carolina Department of Human Resources submits a progress report on the 
budgetary impact of additional beds in domiciliary care facilities. 

The North Carolina Department of Revenue, along with the Office of the State 
Controller, and the Office of State Budget and Management, submit the State of 
North Carolina Summary of Financial Condition, February 28, 1995. 

On motion of Senator Basnight, seconded by Senator Shaw, the Senate adjourns 
at 4:18 P.M. to meet Monday, March 20, at 7:00 P.M. 



THIRTY-FIRST DAY 

Senate Chamber, 
Monday, March 20, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Bill Haley of Mt. Zion Baptist Church in 
Louisburg, as follows: 

"Dear God, as we begin this session let us thank You for the blessings which 
You have given to us, for You have seen fit to place those here in positions of 
leadership. As the issues of our day are debated, give our leaders Your Wisdom 
and Insight in their decision-making. Give them Your Strength and sustain them 
and their families. And may they always know, Lord, that You have made them 
the recipients of the public trust, and as servants of the people how truly sacred 
their position is as elected servants of a free people in a free land. 

"In the Name of Our Lord, Our Rock and Redeemer, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Sawyer; to Senator Smith due to hospitalization; to Senator Conder for 
knee surgery; and to Senator Allran. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 16, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(40-0). 

The President of the Senate extends courtesies of the floor to Dr. Robert P. 
Majors of Raleigh, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 



March 20, 1995 



210 SENATE JOURNAL [Session 

By Senator Jordan: 

S.B. 393, a bill to repeal the sales tax on food. 

Referred to Finance Committee. 

By Senator Jordan: 

S.B. 394, a bill to amend the zoning laws to clarify county authority to regulate 
by ordinance intensive hog operations to protect the health, safety, or welfare of 
county citizens and the peace and dignity of the county. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Rand, Soles, Kerr, Perdue, Hoyle, Albertson, Dannelly, Gulley, 
Martin of Guilford, Odom, Winner, Horton, Hobbs, Jordan, Carrington, Ballance, 
Plyler, and Parnell: 

S.B. 395, a bill to allow for concurrent jurisdiction between the district and 
superior courts for disposition of certain felonies. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Rand, Forrester, and Soles: 

S.B. 396, a bill to encourage regulated arrangements among physicians when the 
arrangement will help control costs, improve access, improve quality, or implement 
mandated health care reforms. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Carpenter, East, and Simpson: 

S.B. 397, a bill to direct the Utilities Commission to issue certificates of conve- 
nience and necessity for natural gas service for all areas of the State for which 
certificates have not been issued. 

Referred to Commerce Committee. 

By Senators Winner, McDaniel, Rand, Dannelly, Parnell, Carpenter, Cooper, 
Cochrane, and Allran: 

S.B. 398, a bill to appropriate funds to reimburse local school administrative 
units for the cost of criminal history checks of public school personnel. 

Referred to Appropriations Committee. 

By Senators Soles, Martin of Guilford, Plexico, Perdue, Ballance, Horton, 
Forrester, Little, Cochrane, Carpenter, Cooper, Parnell, Albertson, McDaniel, 
Clark, Hoyle, Lucas, Speed, Edwards, Hartsell, Ledbetter, Blackmon, McKoy, 
Ballantine, East, Foxx, Carrington, Jordan, Webster, Davis, Plyler, and Dannelly: 

S.B. 399, a bill to amend the definition of podiatry. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Forrester, and Carpenter: 

S.B. 400, a bill to provide for the impoundment or confiscation of some motor 
vehicles used in impaired driving offense. 
Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Forrester, and Carpenter: 

S.B. 401, a bill to provide that a person who commits the offense of death by 
vehicle driving while engaging in the offense of impaired driving shall be subject to 
a lifetime drivers license revocation. 

Referred to Judiciary I/Constitution Committee. 



March 20, 1995 



1995] SENATE JOURNAL 211 

By Senators Odom and Carpenter: 

S.B. 402, a bill to strengthen the domestic violence law by requiring domestic 
violence order to be accessible by computer, to allow the judge issuing the order 
to require seizure of firearms and prohibit possession of firearms, and make it a 
Class H felony for any person subject to a domestic violence order to purchase or 
possess any firearm. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom and Carpenter: 

S.B. 403, a bill to require victim impact statements, to provide that a victim may 
expect restitution be ordered as a condition of probation when appropriate, to 
make restitution a top priority when disbursing court collected funds, and to extend 
the maximum amount of time a person can be placed on probation to pay restitu- 
tion. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Odom: 

S.B. 404, a bill to modify the criteria for selection and sentencing to IMPACT. 

Referred to Judiciary I/Constitution Committee. 

By Senators McKoy, Clark, and Edwards: 

S.B. 405, a bill to amend the State Personnel Act relating to the definition of 
career State employee, the grounds for State employee appeals, the investigatory 
duties of the Office of State Personnel, and the priority consideration of State 
employees in filling vacancies; to provide for the adoption of an alternative dispute 
resolution procedure by the State Personnel Commission; and to allow alternative 
observance of the New Year's Holiday. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators McKoy, Gulley, Clark, and Ballance: 

S.B. 406, a bill to provide for the distribution of copies of certain publications to 
the State Personnel Commission and to the Office of State Personnel. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 407, a bill to exempt boat and farm trailers from the payment of the Global 
TransPark temporary zone vehicle registration tax. 
Referred to Finance Committee. 

By Senators Soles and Carpenter: 

S.B. 408, a bill to allow equity line of credit agreements to have terms greater 
than fifteen years and to establish a procedure for extending equity line of credit 
loan agreements. 

Referred to Commerce Committee. 

By Senator Kincaid: 

S.B. 409, a bill to rotate party alignment on the ballot. 

Referred to Judiciary II/Election Laws Committee. 



March 20, 1995 



212 SENATE JOURNAL [Session 

By Senator Odom: 

S.B. 410, a bill to establish the North Carolina On-Site Wastewater System 
Contractors Licensing Board. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

Pursuant to G.S. 120-149, an assessment report is required. 

By Senator Rand: 

S.B. 411, a bill to increase the membership of the North Carolina Criminal 
Justice Education and Training Standards Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Warren, Soles, Parnell, Carpenter, Dannelly, Hoyle, Edwards, 
Ledbetter, Rand, Gulley, Sherron, Plyler, McKoy, Foxx, Little, and Albertson: 

S.B. 412, a bill to modify the law concerning the federal preemption of State 
usury laws. 

Referred to Commerce Committee. 

By Senators Warren, Parnell, Carpenter, Soles, Dannelly, Hoyle, Edwards, 
Ledbetter, Rand, Gulley, Sherron, Plyler, Horton, McKoy, Foxx, Little, and 
Albertson: 

S.B. 413, a bill to authorize the conversion of savings associations and savings 
banks into commercial banks. 

Referred to Commerce Committee. 

By Senators Warren, Parnell, Gulley, Carpenter, Soles, Dannelly, Hoyle, 
Ledbetter, Martin of Guilford, Edwards, Rand, Sherron, McKoy, Foxx, Plyler, 
Little, and Albertson: 

S.B. 414, a bill to "opt-in" for interstate branching authority under the Reigle- 
Neal Interstate Banking and Branching Efficiency Act of 1994. 

Referred to Commerce Committee. 

By Senators Soles, Warren, and Carpenter: 

S.B. 415, a bill to provide for the merger of banks and savings institutions. 

Referred to Commerce Committee. 

By Senators Dannelly, Little, Davis, Martin of Pitt, Albertson, Warren, Winner, 
and Martin of Guilford: 

S.B. 416, a bill to revise the provision of the Juvenile Code governing the 
authority of medical professionals to conform to the revised definition of abuse. 

Referred to Judiciary I/Constitution Committee. 

By Senators Kerr and Sherron: 

S.B. 417, a bill to concerning the operation of Correction Enterprises. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Kerr and Sherron: 

S.B. 418, a bill to provide for the award of State requirements contracts for 
furniture. 
Referred to Commerce Committee. 



March 20, 1995 



1995] SENATE JOURNAL 213 

By Senators Kerr and Sherron: 

S.B. 419, a bill to create a State Procurement Policy Council. 
Referred to Commerce Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Kerr and Sherron: 

S.B. 420, a bill to authorize the Legislative Research Commission to study State 
purchasing. 
Referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 421, a bill to appropriate funds for the development of the Center for 
Environmental Farming Systems located at the Cherry Farm Unit. 
Referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 422, a bill to appropriate funds for operating the Center for Environmental 
Farming Systems located at the Cherry Farm Unit. 
Referred to Appropriations Committee. 

By Senators Lucas, Parnell, Allran, McDaniel, East, Albertson, Warren, Jordan, 
Dannelly, Martin of Pitt, and Perdue: 

S.B. 423, a bill to establish a State Vocational RehabilitationAndependent Living 
Program for People With Disabilities. 

Referred to Children and Human Resources Committee. 

By Senators Lucas, Davis, and Jordan: 

S.B. 424, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Cooper and Speed: 

S.B. 425, a bill to appropriate funds for the completion of the student activity 
center at the Eastern School for the Deaf. 
Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 426, a bill to amend the public records law. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Cooper: 

S.B. 427, a bill to provide staggered terms for the Momeyer Town Council. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

S.B. 380, a bill to clarify the maximum period of time a juvenile may be 
committed in accordance with structured sentencing, on today's Calendar. 

With unanimous consent, on motion of Senator Cooper, the bill is recommitted 
to the Judiciary I/Constitution Committee. 



March 20, 1995 



214 SENATE JOURNAL [Session 

CONFERENCE COMMITTEE 

S.B. 27 (House Committee Substitute), a bill to repeal the prison population 
cap, to raise the limit on prison capacity, to authorize the parole of nonviolent 
inmates, to authorize certain contracts for the housing of State prisoners in local 
confinement facilities, to allow for the contracting of private prisons, to remove the 
limit on prisoners who may be housed in non-state owned facilities, to remove the 
sunset on contracts with out-of-state public correctional facilities, and to allow the 
Department to use available funds to provide additional prison beds and employ 
necessary staff, with Senate Conferees appointed March 16. 

Senator Rand rises to a point of order as to the fiscal impact of the measure 
and its eligibility for consideration. 

The Chair sustains the point of order and rules the measure ineligible for 
consideration under the G.S. 143-1, the Executive Budget Act. 

Subsequently, Senator Rand offers a motion to the end the conferees be 
dismissed, which motion prevails. The Chair dismisses the conferees. 

Senator Rand offers a motion that the vote by which the motion to concur failed 
to prevail on March 16 be reconsidered, which motion prevails and the question 
reverts to concurrence in the House Committee Substitute bill. 

The Chair orders the measure held in the Office of the Principal Clerk pending 
referral pursuant to Rule 56.1. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting a 
joint resolution for concurrence which is read and disposed of, as follows: 

S J.R. 225, a joint resolution inviting the Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court, to address a Joint Session of the House of 
Representatives and the Senate, for concurrence in House Amendment No. 1. 

On motion of Senator Rand, the rules are suspended without objection, and the 
joint resolution is placed before the Senate for immediate consideration, upon 
concurrence. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is 
ordered enrolled. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 128 (Committee Substitute), a bill to permit the City of Henderson and the 
City of Asheville to use wheel locks on certain illegally parked vehicles. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 358 (Committee Substitute), a bill to restrict the time period within which 
unsolicited automatic dialing and recorded messages may be made by phone. 
Referred to Commerce Committee. 



March 20, 1995 



1995] SENATE JOURNAL 215 

APPOINTMENT OF ESCORT COMMITTEE 

Pursuant to SJ.R. 225, a joint resolution inviting the Honorable Burley B. 
Mitchell, Jr., Chief Justice of the Supreme Court, to address a Joint Session of the 
House of Representatives and the Senate, the Chair recognizes Senator Basnight, 
President Pro Tempore, who appoints Senator Cooper, Senator Soles, Senator 
Simpson, and Senator Winner as the Escort Committee on the part of the Senate 
to serve with a like committee from the House of Representatives to greet and 
escort the Chief Justice of the Supreme Court of North Carolina, to the Joint 
Session in the Hall of the House of Representatives tomorrow, Tuesday, March 21, 
at 3:00 P.M. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 264, a bill to revive the Charter of the Town of Bethania, upon second 
reading. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

Receiving a three-fifths affirmative majority vote, the bill, as amended, passes its 
second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Simpson, 
Soles, Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, Tuesday, 
March 21, for further consideration upon third reading. 

S.B. 269, a bill to authorize the Town of Dallas to enact a property maintenance 
ordinance and to assess certain costs of enforcement as a lien against the property, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Simpson, 
Soles, Speed, Warren, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Tuesday, March 21, for 
further consideration upon third reading. 

S.B. 282, a bill to allow the City of Rockingham to make satellite annexations of 
less than an entire subdivision when the property is developed for commercial or 
industrial use, upon second reading. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 



March 20, 1995 



216 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, Tuesday, 
March 21, for further consideration upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is 
duly ratified and sent to the Office of the Secretary of State: 

SJ.R. 225, a joint resolution inviting the Honorable Burley B. Mitchell, Jr., 
Chief Justice of the Supreme Court, to address a Joint Session of the House of 
Representatives and the Senate. (Res. 3) 

CALENDAR (Continued) 

S.B. 333 (Committee Substitute), a bill to authorize the addition of Run Hill 
State Natural Area to the State Parks System, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, 
noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, Simpson, Soles, 
Speed, Warren, and Winner — 42. 

Voting in the negative: Senators Shaw and Webster — 2. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 20, a bill to amend the School Improvement and Accountability Act of 
1989. 

On motion of Senator Plexico, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (42-3) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 34, a bill to abolish execution by lethal gas and to provide that a person 
convicted of a criminal offense who is sentenced to death shall be executed by the 
administration of lethal drugs, as amended. 

Following debate, with unanimous consent on motion of Senator Odom, further 
consideration of the bill is postponed until Tuesday, March 21. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Heather Tracy Alphin, Mount Olive; Rachel Arends, Highlands; Lovie Avent, 
Spring Hope; Jason D. Boone, LaGrange; Mary Hall Bowman, Benson; Matthew 



March 20, 1995 



1995] SENATE JOURNAL 217 

Niel Brooks, North Wilkesboro; Amelia Rae Burnette, Spruce Pine; April Dem- 
ert, Charlotte; Taylor Richards Glenn, Greenville; John L. Habegger, Bermuda 
Run; Christopher Lawrence Hak, Greenville; Jack-Brad Hays, Charlotte; Jennifer 
Dawn Holland, Faison; Matthew Ward Holland, Sanford; Tilley Jenkins, Fayette- 
ville; Brooke Kirsten Kilconay, Raleigh; Monica Janelle McClain, Wilmington; Jon- 
athan Carleton Perry, Garner; Tommy Lee Person, Princeton; Daniel Shay, South- 
ern Pines; and Rhianna Charity Treadway, Marshall. 

On motion of Senator Basnight, seconded by Senator Odom, the Senate 
adjourns with bills remaining on the Calendar at 8:00 P.M. to meet tomorrow, 
Tuesday, March 21, at 2:30 P.M. 



THIRTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 21, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote 
from Peter Marshall, as follows: 

"O God, even in our most important communications with each other, we 
seldom rely anymore on just what we hear. We want our conversations put into 
writing so that we may read what others have said to us and then we also read 
between the lines. 

"That kind of attitude leads to impoverished and petty prayers. 

"Today, O Lord, we ask that 'You would not listen to our words, but to the 
yearnings of our hearts. Hear beneath our very articulate petitions to the crying 
of our needs.' 

"Then we shall have relearned not only how to pray but also how to communi- 
cate with one another. In Your Name and for Your Sake, we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness; to Senator Shaw due to illness; to Senator Smith 
due to hospitalization; and to Senator Conder due to knee surgery. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Monday, March 20, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written (42-0). 

The President of the Senate extends courtesies of the floor to Dr. F. W Slate of 
Mocksville, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 



March 21, 1995 



218 SENATE JOURNAL [Session 

By Senators Horton, Cochrane, and McDaniel: 

S.B. 428, a bill to amend the law regarding the Supplemental Welfare Fund for 
firemen in Forsyth County. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Plyler and Conder: 

S.B. 429, a bill to enact local legislation for Scotland County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Warren, Albertson, Davis, East, Parnell, Carrington, Edwards, Soles, 
Dannelly, Hoyle, Sherron, Ledbetter, Rand, Plyler, Horton, and Carpenter: 

S.B. 430, a bill to modify the investment authority of a bank under the banking 
laws. 

Referred to Commerce Committee. 

By Senators Winner, Dannelly, and Odom: 

S.B. 431, a bill to remove the sunset on the Charlotte-Mecklenburg school fund- 
ing pilot. 
Referred to Education/Higher Education Committee. 

By Senators Winner, Dannelly, Odom, and Blackmon: 
S.B. 432, a bill to increase the threshold at which Mecklenburg County and the 
municipalities within the County may use force account qualified labor. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Winner, Dannelly, Odom, and Blackmon: 

S.B. 433, a bill to authorize the City of Charlotte to submit proposals and 
receive contracts for construction and repair work not to exceed two hundred 
thousand dollars. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Hartsell and Soles: 

S.B. 434, a bill to amend the General Statutes regarding liens on real property, 
as recommended by the General Statutes Commission. 
Referred to Judiciary I/Constitution Committee. 

By Senator Sherron: 

S.B. 435, a bill to authorize the Legislative Research Commission to study the 
development of initiatives to promote comprehensive Statewide planning through a 
partnership for quality growth. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 436, a bill to appropriate funds to the Office of Administrative Hearings for 
operating expenses of the Civil Rights Division. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 437, a bill to repeal the sunset concerning government construction 
contracts. 
Referred to Commerce Committee. 



March 21, 1995 



1995] SENATE JOURNAL 219 

By Senator Sherron: 

S.B. 438, a bill to provide that social hosts providing alcoholic beverages to adult 
guests shall not be liable for damages to or caused by those adult guests. 
Referred to Judiciary I/Constitution Committee. 

By Senator Sherron: 

S.B. 439, a bill to appropriate funds to the Department of Agriculture for data 
processing needs. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 440, a bill to appropriate funds to the Department of Agriculture for 
improving the Weights and Measures Program. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 441, a bill to appropriate funds to the Department of Agriculture for 
improvements at the Farmers Market in Raleigh. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 442, a bill to appropriate funds to the Department of Human Resources, 
Division of Services for the Blind, to be used for the support, development, and 
expansion of Radio Reading Services throughout the State. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 443, a bill to appropriate funds to the Department of Agriculture for a new 
motor fuels laboratory. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 444, a bill to appropriate funds to the Department of Agriculture for a new 
roof and related repairs to Dorton Arena. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 445, a bill to appropriate funds to the Department of Agriculture for the 
construction of an events and exhibits building at the State Fair. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 446, a bill to establish the North Carolina Partnership for Quality Growth. 
Referred to Commerce Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Kincaid: 

S.B. 447, a bill to prohibit boards of county commissioners and city councils 
from appointing their own members to public office except where a statute 
requires a member of that board to serve. 

Referred to Judiciary II/Election Laws Committee. 



March 21, 1995 



220 SENATE JOURNAL [Session 

By Senators Cooper and Cochrane: 

S.B. 448, a bill to improve the administration of justice and promote judicial 
economy and efficiency within the Appellate Division of the General Court of 
Justice by providing for full eight-year terms of office when vacancies arise and an 
election is held other than at the expiration of the prior term. 

Referred to Judiciary I/Constitution Committee. 

By Senator Cooper: 

S.B. 449, a bill relating to practice restrictions imposed on health care workers 
who are infected with HIV or Hepatitis B. 
Referred to Judiciary I/Constitution Committee. 

By Senators Plyler, Cochrane, Conder, Hobbs, Rand, and Perdue: 

S.B. 450, a bill to appropriate funds for the Aid to Public Libraries Fund. 

Referred to Appropriations Committee. 

By Senators Plyler, Conder, Speed, Ballance, Lucas, Martin of Pitt, Hobbs, and 
Rand: 

S.B. 451, a bill to appropriate funds to provide for a Statewide Independent 
Living Rehabilitation Program. 

Referred to Appropriations Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 160, a bill to require the State to defend county child protective services 
social workers, adult protective services social workers, and foster care social 
workers from liability arising from the performance of their official duties, with a 
favorable report. 

On motion of Senator Cooper, the bill is re-referred to the Appropriations 
Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes, for concurrence in House Amendment No. 1, which is placed on 
the Calendar for tomorrow, Wednesday, March 22. 

H.B. 233, a bill to transfer Moore County to Judicial and Prosecutorial Districts 
19B. 
Referred to Judiciary II/Election Laws Committee. 



March 21, 1995 



1995] SENATE JOURNAL 221 

H.B. 377 (Committee Substitute), a bill to transfer to the Charlotte Department 
of Transportation the authority to approve changes to street names within that 
City. 

Referred to Transportation Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 225 House of Representatives 

March 20, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
pursuant to SJR 225, A JOINT RESOLUTION INVITING THE HONORABLE 
BURLEY B. MITCHELL, JR., CHIEF JUSTICE OF THE SUPREME COURT, 
TO ADDRESS A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES 
AND THE SENATE, the Speaker has appointed the following members of the 
House of Representatives to serve with a like committee of the Senate to escort 
the Chief Justice of the Supreme Court, Burley B. Mitchell, Jr. to the Joint 
Session: 

Representative Daughtry, 
Representative Neely, 
Representative Linney, 
Representative Hackney, 
Representative Hensley, and 
Representative Fitch 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

Upon the appearance of Senator Conder in the Chamber, the Chair acknowledges 
his presence and the leave of absence granted previously is withdrawn. 

CALENDAR 

Bills on the Calendar, carried forward as unfinished business from Monday, 
March 20, are taken up and disposed of, as follows: 

S.B. 237 (Committee Substitute), a bill to clarify the use value tax law, to update 
the law to conform to modern family property transactions, and to expand the 
category of relatives who may qualify for use value property transfers. 

Senator Kerr offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second (46-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 



March 21, 1995 



222 SENATE JOURNAL [Session 

S.B. 241, a bill to authorize the Department of Transportation to sell souvenirs 
on ferries and at ferry facilities. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 348, a bill to permit the State to use the Setoff Debt Collection Act to 
recoup funds owed by teachers who do not fulfill their obligations under the 
National Board for Professional Teaching Standards Program. 

The bill passes its second (45-1) and third readings and is ordered sent to the 
House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 225 House of Representatives 

March 21, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that pursuant to SJR 225, A JOINT RESOLUTION INVITING THE 
HONORABLE BURLEY B. MITCHELL, JR., CHIEF JUSTICE OF THE 
SUPREME COURT, TO ADDRESS A JOINT SESSION OF THE HOUSE OF 
REPRESENTATIVES AND THE SENATE, the House of Representatives stands 
ready to receive the Senate in Joint Session. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

ESCORT COMMITTEE 

Pursuant to SJ.R. 225, a joint resolution inviting the Honorable Burley B. 
Mitchell, Jr., Chief Justice of the Supreme Court, to address a Joint Session of the 
House of Representatives, and the Senate, the Chair recognizes Senator Basnight, 
President Pro Tempore, who announces the additional appointment of Senator 
Jordan to the Escort Committee appointed March 20 to greet and escort the Chief 
Justice of the Supreme Court of North Carolina, to the Joint Session in the Hall 
of the House of Representatives today. 

The President orders a special message sent to the House of Representatives 
informing that Honorable Body that the Senate stands ready to repair to the Hall 
of the House of Representatives to receive the message of the Chief Justice of the 
Supreme Court of North Carolina. 

Senator Basnight offers a motion, in accordance with S J.R. 225, the Senate 
stand in recess to repair to the Hall of the House of Representatives, there to sit 
in Joint Session, and further, upon dissolution of the Joint Session to return to the 
Senate Chamber for the further consideration of business, which motions prevail. 



March 21, 1995 



1995] SENATE JOURNAL 223 

Pursuant to the motions of Senator Basnight, the Chair declares the Senate in 
recess at 2:58 P.M. and the Senate, preceded by its Officers, repairs to the Hall of 
the House of Representatives, there to sit in Joint Session with that Honorable 
Body for the purpose of receiving the address of the Chief Justice of the Supreme 
Court of North Carolina. 



JOINT SESSION 

The Senate is received with the Members of the House of Representatives stand- 
ing and the Joint Session is called to order by the Honorable Harold J. Brubaker, 
Speaker of the House of Representatives. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Chief Judge and the Associate Judges of the 
North Carolina Court of Appeals who await his pleasure. The Speaker directs the 
Sergeant-at-Arms to escort the Members of the Court of Appeals to the Well of 
the House to be seated. The Senate and House of Representatives stand and 
receive the Members of the Court of Appeals. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Associate Justices of the Supreme Court of 
North Carolina, who await his pleasure. The Speaker directs the Sergeant-at- 
Arms to escort the Associate Justices to the Well of the House to be seated. The 
Senate and House of Representatives stand and receive the Associate Justices of 
the Supreme Court. 

The Speaker extends courtesies of the gallery to Mrs. Burley B. Mitchell, Jr., wife of 
the Chief Justice of the Supreme Court of North Carolina, and all guests. 

The Speaker relinquishes the gavel to the Honorable Dennis A. Wicker, Lieutenant 
Governor and President of the Senate, who presides. 

The President recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Honorable Burley B. Mitchell, Jr., Chief 
Justice of the Supreme Court of North Carolina. The President directs the 
Sergeants-at-Arms of the House of Representatives and the Senate to bring the 
Escort Committees and The Chief Justice to the Well of the House. Senator 
Cooper presents the Honorable Burley B. Mitchell, Jr., Chief Justice of the 
Supreme Court of North Carolina to the President of the Senate. The President 
presents the Honorable Burley B. Mitchell, Jr., to the General Assembly whereup- 
on he delivers his address. (See Appendix) 

The General Assembly responds to the address of the Chief Justice with a 
standing ovation. 

The President recognizes Senator Cooper, Representative Daughtry, and the 
Committees to escort the Chief Justice from the Hall of the House of 
Representatives. 

On motion of Senator Basnight, the Joint Session is dissolved and pursuant to 
motion heretofore made, the Senate returns to its Chamber to resume the consid- 
eration of further business. 

The Senate meets pursuant to recess and is called to order at 3:51 P.M. by the 
Honorable Dennis A. Wicker, Lieutenant Governor, and resumes the consideration 
of business. 



March 21, 1995 



224 SENATE JOURNAL [Session 

CALENDAR (Continued) 
Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 264, a bill to revive the Charter of the Town of Bethania, as amended, upon 
third reading. 

Receiving a three-fifths affirmative majority vote, the bill, as amended, passes its 
third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Blackmon, Carpenter, 
Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, East, Edwards, Forrester, 
Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, 
Lucas, McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 39. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Represen- 
tatives. 

S.B. 269, a bill to authorize the Town of Dallas to enact a property maintenance 
ordinance and to assess certain costs of enforcement as a lien against the property, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Basnight, Blackmon, 
Carpenter, Carrington, Cochrane, Cooper, Davis, East, Edwards, Forrester, Foxx, 
Gulley, Hartsell, Hobbs, Horton, Hoyle, Kerr, Kincaid, Ledbetter, Lucas, 
McDaniel, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, Simpson, Soles, 
Speed, Webster, and Winner — 35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 282, a bill to allow the City of Rockingham to make satellite annexations of 
less than an entire subdivision when the property is developed for commercial or 
industrial use, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, 
as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kincaid, Ledbetter, Little, Lucas, McDaniel, McKoy, Odom, Parnell, Perdue, 
Plexico, Plyler, Rand, Sherron, Soles, Speed, Warren, Webster, and Winner — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

S.B. 34, a bill to abolish execution by lethal gas and to provide that a person 
convicted of a criminal offense who is sentenced to death shall be executed by the 
administration of lethal drugs, as amended. 

With unanimous consent, on motion of Senator Odom, consideration of the bill, 
as amended, is postponed until Wednesday, March 22. 

S.B. 223 (Committee Substitute), a bill to authorize criminal record checks of 
public school employees, upon third reading. 
Senator Winner offers Amendment No. 1. 



March 21, 1995 



1995] SENATE JOURNAL 225 

Following debate, with unanimous consent, on motion of Senator Soles, the 
Committee Substitute bill, with Amendment No. 1 pending, is taken from today's 
Calendar and recommitted to the Judiciary I/Constitution Committee. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly 
submits a report (see Addendum) which is ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 561, Section 80 of the North Carolina Session Laws, 1993, 
and pursuant to Chapter 24, Section 40 of the North Carolina Session Laws, 1993 
(Extra Session 1994), the Administrative Office of the Courts submits its report on 
the Teen Court Programs in North Carolina. 

APPOINTMENTS BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read as follows: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

March 14, 1996 

The Honorable Marc Basnight 
Senate President Pro Tempore 
2007 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President Pro Tempore: 

Pursuant to General Statute 135-6, 1 hereby appoint the following members to 
the Board of Trustees of the Teachers' and State Employees Retirement System 
and submit their names for confirmation by the North Carolina Senate. Their 
terms will commence April 1, 1995 and expire March 31, 1999. 

Shirley A. Bell, Johnston County - active state employee position 
Shirley A. Hise, Mitchell County - active teacher position; 
James F. Edgerton, Wake County - Department of Transportation employee 
position; 

Biographical information on each of them is attached. Please feel free to 
contact them if you need additional information. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



March 21, 1995 



226 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator McDaniel, the Senate 
adjourns at 4:07 P.M. to meet tomorrow, Wednesday, March 22, at 3:00 P.M. 



THIRTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 22, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer, sung a capella, is offered by Mr. Ray Covington, Vice-President of 
Institutional Advancement of Greensboro College in Greensboro, as follows: 

"Our Father, Who Art in Heaven, Hallowed be Thy Name. Thy Kingdom come, 
Thy will be done on earth as it is in Heaven. Give us this day our daily bread, 
and forgive us our debts as we forgive our debtors. And lead us not into tempta- 
tion, but deliver us from evil, for Thine is the Kingdom, and the Power, and the 
Glory, forever, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Sawyer due to illness; to Senator 
Conder for knee surgery; and to Senator Shaw due to illness. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 21, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written (42-0). 

The President of the Senate extends courtesies of the floor to Dr. George 
Poehlman of Greenville, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 271, an act to remove the sunset on fuel cost adjustment for electric 
utilities. (Ch. 15) 

S J.R. 236, a joint resolution honoring the life and memory of Senator John 
Bonnell Codington, MD. (Res. 4) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



March 22, 1995 



1995] SENATE JOURNAL 227 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 294, a bill to limit the issuance and renewal of barber certificates, permits, 
and licenses, to establish late fees for expired certificates and to make certain 
revisions to the law governing the Board of Barber Examiners and the sanitary 
rules, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 197, a bill to provide a four-year term for the mayor of the Town of 
Roseboro, with a favorable report. 

H.B. 205 (Committee Substitute), a bill to add Alexander, Burke, Caldwell, and 
McDowell Counties to those counties requiring that all vessels carry personal flota- 
tion devices, with a favorable report. 

S.B. 316, a bill to grant the Town of Apex a temporary exemption from the total 
amount of noncontiguous territory that may be annexed, with a favorable report. 

S.B. 374, a bill relating to the compensation of the members and chairperson of 
the Moore County Board of Education, with a favorable report. 

S.B. 377, a bill including within the definition of an abandoned vehicle those left 
on certain highways within the City of Winston-Salem for more than forty-eight 
hours, with a favorable report. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Warren, Albertson, Hoyle, Martin of Guilford, and Ballance: 
S.B. 452, a bill to require that former legislators wait two years before serving 
on the Board of Governors of the University of North Carolina. 
Referred to Education/Higher Education Committee. 

By Senators Lucas, Edwards, Allran, Parnell, Hobbs, Speed, Warren, Ballance, 
Albertson, Dannelly, Jordan, Gulley, Odom, Winner, Foxx, McDaniel, and McKoy: 

S.B. 453, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program. 

Referred to Education/Higher Education Committee. 

By Senators Jordan and Rand: 

S.B. 454, a bill to appropriate funds for the Cape Fear River Program. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford and McKoy: 

S.B. 455, a bill to appropriate funds for land acquisition for North Carolina 
Agricultural and Technical State University. 
Referred to Appropriations Committee. 



March 22, 1995 



228 SENATE JOURNAL [Session 

By Senators Martin of Guilford and McKoy: 

S.B. 456, a bill to appropriate funds for agricultural research and extension 
programs at North Carolina Agricultural and Technical State University. 
Referred to Appropriations Committee. 

By Senators Warren, Hartsell, Smith, and Winner: 

S.B. 457, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to appropriate funds to establish new degree 
programs and to expand existing degree programs in certain allied health fields at 
various institutions of higher education. 

Referred to Appropriations Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 458, a bill to annex certain described territory to the City of Greenville. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Hartsell: 

S.B. 459, a bill to amend the bail bond forfeiture procedure provided by Article 
26 of Chapter 15A of the General Statutes. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Hartsell, Smith, Warren, and Winner: 

S.B. 460, a bill to make technical and clarifying changes to laws concerning the 
School Administrator Standards Board and to extend to 1998 the date for 
implementation of the Standards Board Exam. 

Referred to Education/Higher Education Committee. 

By Senators Edwards, Plexico, Kerr, and Jordan: 

S J.R. 461, a joint resolution authorizing the Legislative Research Commission to 
continue to study ways to promote energy conservation and the use of renewable 
energy sources in North Carolina. 

Referred to Appropriations Committee. 

By Senators Edwards, Plexico, and Jordan: 

S.B. 462, a bill to reduce the motor fuel tax for alternative transportation fuels. 

Referred to Finance Committee. 

By Senators Edwards, Kerr, Plexico, and Jordan: 

S.B. 463, a bill to establish the Alternative Transportation Fuel Loan Fund to 
provide loans to units of local government in order to promote the use of alterna- 
tive fuels for vehicles. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Edwards, Plexico, and Kerr: 

S.B. 464, a bill to establish the State Facilities Energy Conservation Program; to 
authorize the Department of Administration to enter into alternative financing 



March 22, 1995 



1995] SENATE JOURNAL 229 

agreements for the purchase of energy conservation projects; and to authorize the 
issuance of bonds that are secured by an interest in the property purchased. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee, and upon a favorable report, re-referred to the 
Appropriations Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 294, a bill to limit the issuance and renewal of barber certificates, permits, 
and licenses, to establish late fees for expired certificates and to make certain 
revisions to the law governing the Board of Barber Examiners and the sanitary 
rules, reported from the Children and Human Resources Committee and 
re-referred to the Finance Committee earlier today. 

Pursuant to Rule 47(b), Senator Sherron, offers a motion the bill be taken from 
the Finance Committee and recommitted to the Children and Human Resources 
Committee which motions prevail. With unanimous consent, the Chair orders the 
bill recalled from the Finance Committee and recommitted to the Children and 
Humans Resources Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the fol- 
lowing bills which are read the first time and disposed of, as follows: 

H.B. 18 (Committee Substitute), a bill to ensure the best use of day care funds. 
Referred to Children and Human Resources Committee. 

H.B. 103 (Committee Substitute), a bill to strengthen the insurance fraud law. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 202, a bill to require the observance of a moment of silence in all school 
units and to ensure freedom of religion in the public schools. 
Referred to Education/Higher Education Committee. 

H.B. 211, a bill amending the Charter of the City of Greensboro to authorize 
the City Council to require owners of rental property within the City to authorize 
an agent to accept service of process. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 331, a bill to allow disabled persons to apply to the Wildlife Resources 
Commission for hunting and fishing methods exemptions to provide reasonable 
accommodations for their disabilities. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 469, a bill to change the manner of election of the Davidson County Board 
of Education from nonpartisan election at the time of the primary to nonpartisan 
election at the time of the general election. 

Referred to Local Government and Regional Affairs Committee. 



March 22, 1995 



230 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 34, a bill to abolish execution by lethal gas and to provide that a person 
convicted of a criminal offense who is sentenced to death shall be executed by the 
administration of lethal drugs, as amended. 

Senator Odom offers Amendment No. 2, which is adopted (45-0). 

Senator McDaniel offers Amendment No. 3 which he subsequently withdraws. 

On motion of Senator Rand, the bill, as amended, is recommitted to the 
Judiciary II/ESection Laws Committee. 

S.B. 104, a bill to make technical and clarifying changes to the revenue laws and 
related statutes, for concurrence in House Amendment No. 1, upon second 
reading. 

The President rules the House amendment not material and the Senate concurs 
in House Amendment No. 1 (45-0) and the measure is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Perdue, the Senate 
adjourns at 3:53 P.M. to meet tomorrow, Thursday, March 23, at 3:00 P.M. 



THIRTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 23, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, we live in complex times. Though You have blessed us greatly, 
many people still live inadequately. No one knows this better than the men and 
women of the Senate who daily make difficult decisions about laws that are 
intended to better serve the people of our State. We pray that You would keep 
them courageous and diligent in that task. 

"More importantly, O Lord, we pray that You would transform each of us as we 
play out our parts in making this world a better place in which to live. Make us 
so obedient to Your Spirit that our lives may become living prayers, authentic in 
word and deed, and witness to Your Unfailing Presence. 

"Hear and answer our prayer. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Parnell to attend NCOIL (National Conference of Insurance Legislators) 
meeting; to Senator Sawyer due to illness; to Senator Shaw due to illness; to 
Senator Smith due to illness; and to Senator Conder for knee surgery. 



March 23, 1995 



1995] SENATE JOURNAL 231 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 22, has been examined and is found to be correct. On his 
motion the Senate dispenses with the reading of the Journal and it stands 
approved as written (40-0). 

COURTESIES 

Upon motion of Senator Rand of Cumberland County, the Chair extends 
courtesies of the floor to students from the City of Ivanovo, Russia who are 
visiting North Carolina sponsored by Friends of Renaissance and to Mrs. Sonja 
Rothstein of Fayetteville who is one of the project coordinators. The Chair 
appoints Senators Rand and Plyler to escort the guests to the Well of the Senate. 
The guests address the Senate through a translator and perform native songs and 
dance. A hand-made doll and Russian flag are presented to Senator Rand who 
accepts them on behalf of the Senate. 

Lieutenant Governor Wicker presents a North Carolina flag to the group. The 
Chair directs Senators Rand and Plyler to escort the visitors from the Chamber. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Plexico. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 75, an act to allow an extension of time for the City of Raeford to file an 
application for a sales tax refund. (Ch. 16) 

S.B. 104, an act to make technical and clarifying changes to the revenue laws 
and related statutes. (Ch. 17) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 448, a bill to improve the administration of justice and promote judicial 
economy and efficiency within the Appellate Division of the General Court of 
Justice by providing for full eight-year terms of office when vacancies arise and an 
election is held other than at the expiration of the prior term, with a favorable 
report. 

S.B. 287, a bill to amend the law regarding statutory rape and the age of con- 
sent, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Com- 
mittee Substitute bill 1597 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 



March 23, 1995 



232 SENATE JOURNAL [Session 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Monday, March 27, for further consideration. 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 346, a bill to repeal the State Work Program as the JOBS Program becomes 
statewide, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Hobbs, Little, Cochrane, McDaniel, Shaw, Plexico, Dannelly, Hoyle, 
Gulley, Martin of Guilford, Warren, Odom, Kincaid, and Davis: 

S.B. 465, a bill to appropriate funds for a North Carolina Pottery Center to 
enhance economic development in rural North Carolina through education and the 
promotion of tourism relating to and derived from the pottery industry. 

Referred to Appropriations Committee. 

By Senators Winner, Odom, Gulley, Lucas, Edwards, Rand, and Dannelly: 
S.B. 466, a bill to implement a recommendation of the Joint Legislative 
Oversight Committee on Early Childhood Education and Development Initiatives 
to establish a mechanism to fully fund local Smart Start projects that currently are 
underfunded, and to appropriate funds for that purpose. 
Referred to Appropriations Committee. 

By Senators Winner, Hartsell, Smith, Warren, and Perdue: 

S.B. 467, a bill to implement the recommendation of the Joint Legislative 

Education Oversight Committee to establish a uniform reversion rate under the 

UNC Management Flexibility and Accountability Act. 
Referred to Education/Higher Education Committee. 

By Senators Little, Odom, Lucas, Hartsell, East, Cochrane, Foxx, Shaw, 
Carrington, Clark, McDaniel, Ledbetter, Hobbs, Kerr, Blackmon, Martin of Pitt, 
Hoyle, Kincaid, Carpenter, Davis, and Allran: 

S.B. 468, a bill to provide that the board of commissioners of any county having 
a county manager may assume direct control of any activities theretofore con- 
ducted by or through any commission, board, or agency appointed by the county 
commissioners or acting under and pursuant to authority of the board of county 
commissioners. 

Referred to Judiciary H/Election Laws Committee. 

By Senator Cooper: 

S.B. 469, a bill to enable joint municipal power agencies to engage in electric 
system activities at the distribution level, to permit two existing joint municipal 
power agencies to effect corporate reorganization, and to make technical changes 
to the statutes governing joint municipal power agencies. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 



March 23, 1995 



1995] SENATE JOURNAL 233 

By Senator Gulley: 

S.B. 470, a bill to create the Good Funds Settlement Act. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Ledbetter, Clark, and Carpenter: 

S.B. 471, a bill to provide that the Buncombe County Board of Education shall 
be elected on a nonpartisan plurality basis on the date of the general election. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 472, a bill to establish uniform provisions for local occupancy taxes. 

Referred to Finance Committee. 

By Senators Martin of Pitt, Warren, Speed, and Jordan: 
S.B. 473, a bill to amend the State Disability Income Plan as it applies to 
disabled veterans. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Martin of Pitt, Kerr, Warren, Jordan, Albertson, and Speed: 
S.B. 474, a bill to equalize funding for the Global TransPark Development Zone. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt, Warren, Kerr, Hobbs, Hoyle, Ballance, Plexico, 
Albertson, Perdue, Speed, and Jordan: 

S.B. 475, a bill to appropriate funds to the Rural Economic Development 
Center, Inc., for economic development needs in economically depressed areas in 
the State. 

Referred to Appropriations Committee. 

By Senators Foxx and East: 

S.B. 476, a bill to change the manner of election of the Ashe County Board of 
Education from nonpartisan election at the time of the primary to nonpartisan 
election at the time of the general election. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Kerr: 

S.B. 477, a bill to enact the North Carolina Foreign-Money Claims Act, which 
Act establishes a standard for converting currency for monetary damages resulting 
from a foreign judicial proceeding or arbitration. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Kerr: 

S.B. 478, a bill to coordinate enforcement of federal nursing home requirements 
with State requirements. 
Referred to Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 



March 23, 1995 



234 SENATE JOURNAL [Session 

H.B. 133 (Committee Substitute No. 2), a bill to enable the County of Columbus 
to establish an Airport Authority for the maintenance of airport facilities in the 
County. 

Referred to Finance Committee. 

H.B. 145 (Committee Substitute), a bill to revise and consolidate the Charter of 
the City of Roanoke Rapids. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 316, a bill to grant the Town of Apex a temporary exemption from the total 
amount of noncontiguous territory that may be annexed, upon second reading. 

With unanimous consent, on motion of Senator Kerr, the bill is re-referred to 
the Finance Committee. 

S.B. 374, a bill relating to the compensation of the members and chairperson of 
the Moore County Board of Education. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 377, a bill including within the definition of an abandoned vehicle those left 
on certain highways within the City of Winston-Salem for more than forty-eight 
hours. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

H.B. 197, a bill to provide a four-year term for the mayor of the Town of 
Roseboro. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 205 (Committee Substitute), a bill to add Alexander, Burke, Caldwell, and 
McDowell Counties to those counties requiring that all vessels carry personal flota- 
tion devices. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

RESOLUTION FROM ANOTHER STATE 

The following resolution received March 23, 1995, from another Legislative 
Body is presented to the Senate and is ordered filed in the Office of the Principal 
Clerk with the papers of the Senate. 

Virginia Senate Joint Resolution No. 279, memorializing the Congress of the 
United States to propose an amendment to Article V of the Constitution of the 
United States to provide for state-initiated amendments to the Constitution. (See 
Appendix) 



March 23, 1995 



1995] SENATE JOURNAL 235 

On motion of Senator Basnight, seconded by Senator East, the Senate adjourns 
at 3:41 P.M. to meet Monday, March 27, at 7:00 P.M. 



THIRTY-FIFTH DAY 

Senate Chamber, 
Monday, March 27, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Grant the Senators and staff grace, O Lord, to do their work this week as 
workers who never tire of doing good. 

"Help them to be diligent and honest in their quest for the truth. Help them to 
be charitable in their dealings with each other. Give them courage and a quiet 
mind in facing all tasks and responsibilities. 

"Finally, may they serve with the cheerfulness and gladness of children, delight- 
ing themselves in their honorable service to You and to the people of our State. 
In Your Most Holy Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Smith due to hospitalization and to Senator Sawyer due to illness. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 23, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(45-0). 

The President of the Senate extends courtesies of the floor to Dr. Assad 
Meymandi of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 197, an act to provide a four-year term for the mayor of the Town of 
Roseboro. (Ch. 18) 

H.B. 205 (Committee Substitute), an act to add Alexander, Burke, Caldwell, and 
McDowell Counties to those counties requiring that all vessels carry personal 
flotation devices. (Ch. 19) 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



March 27, 1995 



236 SENATE JOURNAL [Session 

By Senator Parnell for the Commerce Committee: 

S.B. 62, a bill to establish a bill of rights for owners of manufactured homes, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed 
Committee Substitute bill 5084 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill, is placed on the 
Calendar for Tuesday, March 28, for further consideration. 

S.B. 413, a bill to authorize the conversion of savings associations and savings 
banks into commercial banks, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Ballance, Rand, and Hartsell: 

S.B. 479, a bill to create the North Carolina Drug Treatment Court Program. 
Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Albertson, Dannelly, Warren, Kerr, Speed, Sherron, Edwards, and 
Odom: 

S.B. 480, a bill to appropriate funds for construction of a Toxicology Building at 
North Carolina State University. 

Referred to Appropriations Committee. 

By Senators Warren, Kerr, and Parnell: 

S.B. 481, a bill to allow the Lenoir County Board of Education to build a 
central office facility on land leased from the State of North Carolina. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Warren, McDaniel, Hoyle, Carrington, Odom, Edwards, Rand, 
Speed, Gulley, Little, Forrester, Soles, Perdue, Martin of Guilford, Cooper, and 
Foxx: 

S.B. 482, a bill to make certain miscellaneous amendments to the banking laws. 

Referred to Commerce Committee. 

By Senators Speed, Albertson, Soles, Parnell, East, Martin of Pitt, Simpson, and 
Hartsell: 

S.B. 483, a bill to require the inspection of bison meat that is to be used as 
food. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Speed, Kerr, Soles, Ballance, and Rand: 

S.B. 484, a bill to allow the Division of Motor Vehicles to provisionally restore 
the drivers license of a person convicted of habitual impaired driving after five 
years. 

Referred to Judiciary I/Constitution Committee. 



March 27, 1995 



1995] SENATE JOURNAL 237 

By Senator Parnell: 

S.B. 485, a bill to appropriate funds to the Department of Agriculture to update 
and improve the fertilizer laboratory. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 486, a bill to appropriate funds for construction of a Southeastern Farmers' 
Market and Equestrian/Agricultural Center. 
Referred to Appropriations Committee. 

By Senators Forrester, Rand, and Parnell: 

S.B. 487, a bill to provide that the Assistant Adjutant General for the Army 
National Guard shall serve in the military position of Brigadier General - Line, 
Deputy, State Area Command (STARC) Commander. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Gulley: 

S.B. 488, a bill to allow the Business Information Office to assist the public with 
certain licensing procedures of the Department of Motor Vehicles. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Soles: 

S.B. 489, a bill to appropriate funds for the extension of the Beaver Damage 
Control Pilot Program. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 490, a bill to appropriate funds for the Cape Fear River Program. 

Referred to Appropriations Committee. 

By Senator Carpenter: 

S.B. 491, a bill to authorize the Town of Highlands to levy a room occupancy 
and tourism development tax. 
Referred to the Finance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 108 (Committee Substitute), a bill to provide specialized registration plates 
for retired clerks of Superior Court. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

H.B. 206, a bill to incorporate the Village of Flat Rock, subject to a referendum. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



March 27, 1995 



238 SENATE JOURNAL [Session 

H.B. 313, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of 
Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 375, a bill to remove the limitation on funding for the per diem costs of 
inmates housed out-of-State. 
Referred to Appropriations Committee. 

H.B. 405 (Committee Substitute), a bill to authorize the Wildlife Resources 
Commission to regulate the manner of taking wildlife not classified as game 
animals. 

Referred to Agriculture/Environment/Natural Resources Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.R. 126 House of Representatives 

(Committee Substitute No. 2) March 23, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that pursuant to Committee Substitute No. 2 for HR 126, A HOUSE 
RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINATING 
AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE 
UNIVERSITY OF NORTH CAROLINA, the House has elected the following 
persons to serve each for a four-year term: 

Minority Race Category (2): 

Robert J. Brown 

Larnie G. Horton, Sr. 
Woman Category (2): 

Cary C. Owen 

Barbara S. Perry 
At-Large Category (4): 

W Kenneth Morgan, Sr. 

Earl N. Phillips, Jr. 

Orville D. Coward, Sr. 

John C. Fennebresque 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 



March 27, 1995 



1995] SENATE JOURNAL 239 

Pursuant to Chapter 769 of the 1993 Session Laws, the North Carolina Depart- 
ment of Human Resources, Division of Social Services submits its Report on the 
North Carolina State Maternity Home Fund; 

Pursuant to Chapter 769 of the 1993 Session Laws, the North Carolina Depart- 
ment of Human Resources, Division of Social Services submits its Report on the 
North Carolina General Assembly Appropriation to Children's Home Society of 
N.C., Inc.; and 

Pursuant to Chapter 24 of the Extra Session 1994 Session Laws, the North 
Carolina Department of Human Resources submits its Report on the Support Our 
Students Initiative. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 154, a bill to increase the minimum property damage amount for a report- 
able motor vehicle accident and to resolve inconsistencies in the law concerning 
accident reports, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 2575 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent. 

On motion of Senator Plyler, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 346, a bill to repeal the State Work Program as the JOBS Program becomes 
statewide. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 448, a bill to improve the administration of justice and promote judicial 
economy and efficiency within the Appellate Division of the General Court of 
Justice by providing for full eight-year terms of office when vacancies arise and an 
election is held other than at the expiration of the prior term. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 



March 27, 1995 



240 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 41, a bill to provide a procedure for eliminating frivolous lawsuits by prison- 
ers and to establish a partial filing fee for prisoners proceeding as indigents, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 5574, which changes the title to read S.B. 41 
(Committee Substitute), a bill to provide a procedure for eliminating frivolous 
lawsuits by prisoners, is placed before the Senate for immediate consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Tuesday, March 28, for further consideration. 

S.B. 182, a bill to provide that if a candidate died before the primary election in 
1994, a refund of the filing fee shall be paid to the estate of the candidate, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the proposed Committee Substitute bill 7592, 
which changes the title to read S.B. 182 (Committee Substitute), a bill to provide 
that if a candidate died before the primary election, the estate of the candidate 
shall be entitled to a refund of the filing fee, is placed before the Senate for 
immediate consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Plexico for the Education/Higher Education Committee: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

March 27, 1995 

TO: Members of the Senate 

FROM: Senators Plexico and Winner, Co-Chairs 

Education/Higher Education Committee 

RE: Board of Governors Nominations 

Pursuant to SR 176, the Education/Higher Education Committee has met and 
nominates the following individuals to serve in the six at-large positions on the 
Board of Governors of The University of North Carolina: 



March 27, 1995 



1995] 



SENATE JOURNAL 



241 





NOMINEE 


SENATE SPONSOR(S) 


1. 


Hoyt Q. Bailey 


Senator Davis 


2. 


John B. Beall 


Senator Kincaid 


3. 


F. Edward Broadwell 


Senator Plexico 


4. 


Dr. William T. Brown 


Senator Edwards 


5. 


William L. Burns, Jr. 


Senator Gulley 


6. 


C.C. (Cliff) Cameron 


Senator Conder 


7. 


C. Allen Foster 


Senator Shaw 


8. 


George Jones 


Senator McKoy 


9. 


C. Ralph Kinsey, Jr. 


Senators R. Martin & Odom 


10. 


Bobby D. Locklear 


Senator Parnell 


11. 


James G. Martin 


Senator Cochrane 


12. 


W. Travis Porter 


Senators Forrester & Sherron 


13. 


Paul J. Rizzo 


Senator Rand 


14. 


James Reid Simpson II 


Senator Simpson 


15. 


J. Craig Souza 


Senators Cochrane & Cooper 


16. 


Priscilla P. Taylor 


Senator W Martin 


17. 


Joseph E. Thomas 


Senator Perdue 


18. 


Robert F. Warwick 


Senator Ballantine 



The Committee nominates the following individuals to serve in the two minority 
party of the General Assembly positions on the Board of Governors of The 
University of North Carolina: 



1. James (Jim) B. Ollis 

2. Marshall A. Rauch 

3. Benjamin S. Ruffin 



Senator Plyler 

Senators Hoyle & Forrester 

Senator Ballance 



The Chair orders the Election of the Board of Governors of the University of 
North Carolina placed on the Calendar as the first order of business tomorrow, 
Tuesday, March 28. 

The Chair extends courtesies of the floor to Linda Gunter, former Senator from 
Wake County. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Jordan Aldridge, Greenville; Sidney Lawrence Clark III, Charlotte; Shelley 
Brooks Flournoy, Cary; Kelly Michelle Garrison, Dallas; Shannon E. Goodrum, 
West End; Jaime Lynn Horn, Pfafftown; Vance Terrell Horton, Sanford; Emily 
Anne MacNaughton, Cary; Katie Matthews, Raleigh; Leah Travys Myers, Kinston; 
Sarah Catherine Pearson, Gastonia; Tiara Pickard, Reidsville; William Joseph 
Pointer, Semora; Brandi Chiffon Rhodes, Trenton; Leslie Kyle Rush, Jackson 
Springs; Ryan Satterfield, Cary; Courtenay Marshall Smith, Southern Pines; Kerry 
Lamar Smith, Garner; Terranty Stancil, Raleigh; Meredith Troutman, Sanford; 
Mary Kathryn lyndall, Raleigh; and Laura Kristen Whaley, Kinston. 



March 27, 1995 



242 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns 
at 7:43 P.M. to meet tomorrow, Tuesday, March 28, at 1:30 P.M. 



THIRTY-SIXTH DAY 

Senate Chamber, 
Tuesday, March 28, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, which is para- 
phrased from a prayer by Caryl Mickley, as follows: 

"Dear Lord, the wounds of this world are too deep and too many for us to heal 
them all. The men and women of the Senate know how difficult a task that is. 

"Sometimes we have to bring difficult problems and the people whom they affect 
to You and ask You to look after them — the sick, those whose spirit has withered, 
the victims of greed and injustice, the prisoners of grief. 

"And yet, our Father, never let our prayers excuse us from paying the price of 
compassion. Make us generous with the resources You have entrusted to us. Let 
Your Work of help and healing be done in and through us wherever possible. 

"In Your Most Holy Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness and to Senator Smith due to hospitalization. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, Monday, March 27, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. J.W.A. Woody 
of Tryon, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 83, a bill to enact the Uniform Statutory Rule Against Perpetuities, as 
recommended by the General Statutes Commission, with a favorable report. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, with a favorable report. 



March 28, 1995 



1995] SENATE JOURNAL 243 

S.B. 85, a bill to authorize honorary trusts, trusts for pets, and trusts for 
cemetery lots, as recommended by the General Statutes Commission, with a 
favorable report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 365, a bill to provide for the taking of nongame fish with bow and arrow 
under authority of other hunting and fishing licenses, with a favorable report, as 
amended. 

ELECTION OF MEMBERS 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

The President lays before the Senate the special order of business, it being the 
election of members to the Board of Governors on the University of North 
Carolina. 

Pursuant to G.S. 116-6 and S.R. 176 (Committee Substitute), a Senate simple 
resolution to establish the procedure for nominating and electing members of the 
Board of Governors of the University of North Carolina, the Chair recognizes 
Senator Plexico, Co-Chairman of the Education/Higher Education Committee, for 
the purpose of explaining the voting rules. Senator Plexico announces Senator 
Winner, Senator Hartsell, and Senator Lucas as assistants to distribute and canvass 
the ballots. Senator Plexico announces the withdrawal of James (Jim) B. Ollis as 
a candidate for the Minority Party Category. Senator Plexico outlines the pro- 
cedure for voting and requests the appointed members to distribute the ballots. 

Candidates for the Board of Governors of the University of North Carolina as 
nominated by the Education/Higher Education Committee of the Senate in 
compliance with G.S. 116-6 as outlined in S.R. 176, reported to the Senate on 
Monday, March 27, and further reflecting the withdrawal of James (Jim) B. Ollis 
from the Minority Party Category, are laid before the Senate, as follows: 

AT-LARGE CATEGORY - FOUR YEAR TERM 

(Six Seats) 

Hoyt Q. Bailey 

John B. Beall 

F. Edward Broadwell 

Dr. William T. Brown 

C. C. (Cliff) Cameron 

C. Allen Foster 

George Jones 

C. Ralph Kinsey, Jr. 

Bobby D. Locklear 

James G. Martin 

W Travis Porter 

Paul J. Rizzo 



March 28, 1995 



244 SENATE JOURNAL [Session 

James Reid Simpson II 

J. Craig Souza 

Priscilla P. Taylor 

Joseph E. Thomas 

Robert F. Warwick 

MINORITY PARTY CATEGORY - FOUR YEAR TERM 

(Two Seats) 

Marshall A. Rauch 
Benjamin S. Ruffin 

The Senators proceed to vote by marking and signing their ballots. Senator 
Plexico requests the appointed members to collect the ballots and further requests 
dismissal from the Chamber for himself and the appointed members to canvass the 
vote. The Chair excuses Senator Plexico, Senator Winner, Senator Hartsell, and 
Senator Lucas from the Chamber to canvass the votes. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Hartsell and Allran: 

S.B. 492, a bill to include businesses that are self-insurers in the allowance of 
counsel fees in certain suits and to increase the threshold amount of a judgment 
for which counsel fees are allowed in certain suits. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Ballance: 

S.B. 493, a bill to appropriate funds for the cleanup of the polychlorinated 
biphenyl landfill located in Warren County. 
Referred to Appropriations Committee. 

By Senators Edwards, Plexico, and Kerr: 

S.B. 494, a bill to grant a corporate tax credit for the construction of an 
alternative fuel refueling or recharging facility and for installation of refueling or 
recharging equipment at a refueling or recharging facility. 
Referred to Finance Committee. 

By Senators Jordan, McKoy, Lucas, Edwards, Martin of Guilford, Ballance, 
Dannelly, and Rand: 

S.B. 495, a bill to create the North Carolina Capital Access Authority to provide 
equity and credit financing to small and medium-sized businesses to create jobs for 
North Carolina. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Blackmon: 

S.B. 496, a bill to allow local governments to forgo collection of ad valorem tax 
bills when the original principal amount due is under five dollars. 
Referred to Finance Committee. 



March 28, 1995 



1995] SENATE JOURNAL 245 

By Senators Blackmon, Hobbs, and Cooper: 

S.B. 497, a bill to expand the jobs tax credit to provide credit amounts in 
proportion to the level of economic distress in each county. 
Referred to Finance Committee. 

By Senators Albertson, Dannelly, Lucas, Jordan, Hoyle, Kerr, Speed, Gulley, 
Carpenter, East, Little, Warren, Edwards, Webster, Forrester, Carrington, Foxx, 
Perdue, Blackmon, Soles, Odom, Hobbs, Cooper, Cochrane, Winner, and Allran: 

S.B. 498, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to fund the Division of Environmental Health to provide 
assistance to public water supply systems to secure waivers from certain drinking 
water tests under the North Carolina Drinking Water Act. 

Referred to Appropriations Committee. 

By Senators Kerr, Speed, Hoyle, Martin of Pitt, Soles, Perdue, Albertson, 
Carrington, Cooper, Sherron, Warren, and Webster: 

S.B. 499, a bill to allow the payment of additional benefits to Rescue and 
Emergency Medical Services workers. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Kerr: 

S.B. 500, a bill to appropriate funds for construction of forty segregation cells 
and a multipurpose building at Greene Correctional Center. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 501, a bill to require the parents of a dependent child who is the parent of 
a dependent child to contribute to the support of their grandchild. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Rand: 

S.B. 502, a bill to establish the licensing and registration of assisted living 
facilities and to replace the archaic term "domiciliary" care with the term "adult" 
care. 

Referred to Children and Human Resources Committee. 

By Senators Speed, Soles, Kerr, Hoyle, Martin of Pitt, and Albertson: 

S.B. 503, a bill to allow the Division of Motor Vehicles to issue restricted 

commercial drivers licenses to seasonal drivers for certain farm-related services 

industries. 
Referred to Transportation Committee. 

By Senators Speed, Soles, Kerr, Martin of Pitt, and Albertson: 

S.B. 504, a bill to appropriate funds for meat and poultry inspection. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 505, a bill to clarify the grounds for removal of a member of a local board 
of health. 
Referred to Judiciary II/Election Laws Committee. 



March 28, 1995 



246 SENATE JOURNAL [Session 

By Senator Kincaid: 

S.B. 506, a bill to make clarifying, technical changes to various public health 
laws. 
Referred to Children and Human Resources Committee. 

By Senators Gulley and Lucas: 

S.B. 507, a bill to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 
sewer lines to property located outside of the city limits when requested by the 
Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Cooper: 

S.B. 508, a bill to remove the sunset on the Industrial Commission Mediation 
Program. 
Referred to Judiciary I/Constitution Committee. 

By Senators Jordan, Albertson, and Ballantine: 

S.B. 509, a bill to revise Pender County commissioner districts. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ballance: 

S.B. 510, a bill to appropriate funds for a treatment program for alcohol and 
drug abusers on probation and parole. 
Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 511, a bill to appropriate funds to the North Carolina Legal Education 
Assistance Foundation for its Loan Repayment Assistance Program for North 
Carolina public service attorneys. 

Referred to Appropriations Committee. 

By Senators Ballantine, Rand, Carrington, Jordan, Soles, Albertson, Martin of 
Pitt, Kerr, and Warren: 

S.B. 512, a bill to appropriate funds to support local mosquito control districts 
and other units of local government engaged in mosquito control. 

Referred to Appropriations Committee. 

By Senator Ballantine: 

S.B. 513, a bill to limit the applicability of the antideficiency judgment statute. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Ballantine, Jordan, and Soles: 

S.B. 514, a bill to appropriate funds for the Carolina Beach Area South Project 
at Kure Beach for beach renourishment. 
Referred to Appropriations Committee. 

By Senators Plyler, Conder, Plexico, Albertson, Perdue, and Rand: 
S J.R. 515, a joint resolution honoring the life and memory of Franklin "Frank" 
W. Howey, Sr., of Union County. 
Referred to Rules and Operation of the Senate Committee. 



March 28, 1995 



1995] SENATE JOURNAL 247 

By Senator Winner: 

S.B. 516, a bill to appropriate funds for positions to implement local school 
technology plans. 
Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 33 (Committee Substitute), a bill to increase the annual renewal fee for a 
real estate license and to require payment of the application fee each time an 
applicant takes the real estate examination. 

Referred to Finance Committee. 

H.B. 317, a bill relating to elections of the City of Winston-Salem and the 
County of Forsyth so that the general law will apply on sharing of costs of the 
County Board of Elections. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 459, a bill to provide for the cancellation of a note or other indebtedness 
secured by a deed of trust or mortgage by execution of a certificate of satisfaction. 
Referred to Judiciary H/Election Laws Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

With unanimous consent, the Chair excuses Senators Plexico, Winner, Hartsell, and 
Lucas from voting while out of the Chamber canvassing the ballots for the election to 
the Board of Governors of the University of North Carolina. 

S.B. 41 (Committee Substitute), a bill to provide a procedure for eliminating 
frivolous lawsuits by prisoners. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

The Chair announces the return of Senators Plexico, Winner, Hartsell, and Lucas 
to the Chamber. 

S.B. 62 (Committee Substitute), a bill to establish a bill of rights for owners of 
manufactured homes. 

The Committee Substitute bill passes its second (45-1) and third readings and is 
ordered sent to the House of Representatives. 



March 28, 1995 



248 SENATE JOURNAL [Session 

S.B. 413, a bill to authorize the conversion of savings associations and savings 
banks into commercial banks. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

ANNOUNCEMENT OF MEMBERS 
ELECTED TO THE BOARD OF GOVERNORS 
OF THE UNIVERSITY OF NORTH CAROLINA 

Pursuant to S.R. 176 (Committee Substitute), a Senate simple resolution to 
establish the procedure for nominating and electing members of the Board of 
Governors of the University of North Carolina, Senator Plexico, Co-Chairman of 
the Education/Higher Education Committee, announces the results of the election 
to the Board of Governors of the University of North Carolina, as follows: 

AT-LARGE CATEGORY - FOUR YEAR TERM 

F. Edward Broadwell 
Dr. William T Brown 
C.C. (Cliff) Cameron 
C. Ralph Kinsey, Jr. 

Paul J. Rizzo 
Joseph E. Thomas 

MINORITY PARTY CATEGORY - FOUR YEAR TERM 

Marshall A. Rauch 
Benjamin S. Ruff in 

Senator Plexico offers a motion to the end the Chair declare F. Edward 
Broadwell, Dr. William T. Brown, C.C. (Cliff) Cameron, C. Ralph Kinsey, Jr., Paul 
J. Rizzo, Joseph E. Thomas, Marshall A. Rauch, and Benjamin S. Ruffin, receiving 
a majority of the votes cast, duly elected to the Board of Governors of the 
University of North Carolina, which motion prevails by voice vote. The President 
orders a special message sent to the House of Representatives informing that 
Honorable Body of such action. The Chair directs Senator Plexico and Senator 
Winner, Co-Chairmen of the Education/Higher Education Committee, to notify 
the Secretary of the Board of Governors of the University of North Carolina of 
the names of the persons elected by the Senate and the category and term for 
which each person was elected. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 240, a bill to authorize the Department of Transportation to perform 
dredging services for units of local government, with a favorable report. 



March 28, 1995 



1995] SENATE JOURNAL 249 

S.B. 331, a bill to provide a limited tolerance for existing truck weights, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the proposed 
Committee Substitute bill 6563 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, Wednesday, March 29, for further consideration. 

S.B. 351, a bill to provide for special registration plates for Festival 600, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the proposed Committee Substitute bill 6562 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

On motion of Senator Basnight, seconded by Senator Plexico, the Senate 
adjourns at 2:21 P.M. to meet tomorrow, Wednesday, March 29, at 3:00 P.M. 



THIRTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, March 29, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend V. Thomas Banks of the First Christian 
Church in Greenville, as follows: 

"O God, You do all things well. You have given talents and resources to each 
of these gathered here, and then You called them forth to serve. 

"Let Your Blessings be on them today, for they have heard Your Call to them. 
They have been faithful in answering that Call. As they consider the task before 
them, provide them with the resources they need, such as hope, wisdom, and 
perspective. 

"Let not their service here require undue sacrifice for their households, but lift 
up loved ones, be the Protector of those they are responsible for, while they are 
apart from them. 

"We pray for the people of this great State. Inspire them to support their 
servants here. Inhibit attitudes that are self-serving at the expense of the greater 
good, and instill in our citizens a desire to build up the whole community of North 
Carolina. 

"Use each of us according to Your Glory. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; and to 



March 29, 1995 



250 SENATE JOURNAL [Session 

Senator Jordan to attend an Economic Development Conference in Washington, 
D.C. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Tuesday, March 28, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The Chair extends courtesies of the gallery to Senator-elect Dan Page and his 
family. 

The President of the Senate extends courtesies of the floor to Dr. Grimes Byerly 
of Hickory, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 367, a bill recommended by the Legislative Research Commission Study 
Committee on Child Care Issues to establish the requirements for the monthly 
schedule of payments of the purchase of child care services for low-income 
children, and to appropriate funds, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate 
consideration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Parnell for the Commerce Committee: 

H.B. 161 (Committee Substitute), a bill to provide the public with access to 
low-cost telecommunications service in a changing competitive environment, with 
an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Senate 
Committee Substitute bill 2100 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Thursday, March 30, for further consideration. 

APPOINTMENT BY GOVERNOR 

The Chair directs the Reading Clerk to read the following received in the Office 
of the Principal Clerk on March 28, as follows: 



March 29, 1995 



1995] SENATE JOURNAL 251 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

March 16, 1995 

The Honorable Marc Basnight 
Senate President Pro Tempore 
2304 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President Pro Tern: 

Due to her recent surgery and subsequent recovery period, Ms. Judy Stephenson 
has been unable to appear before the Senate regarding her recent appointment to 
the State Personnel Commission. Therefore, I wish to withdraw Ms. Stephenson's 
nomination at this time; however, I reserve the right to re-submit the nomination 
when Ms. Stephenson has recovered. 



My warmest personal regards. 



Sincerely, 

S/James B. Hunt, Jr. 

Governor 



STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

March 27, 1995 



The Honorable Marc Basnight 
Senate President Pro Tempore 
2304 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President Pro Tern: 

Pursuant to General Statute 126-2, I hereby re-submit the name of Judy M. 
Stephenson for confirmation by the General Assembly as a member of the State 
Personnel Commission. 

Thank you for your understanding during Ms. Stephenson's surgery and recuper- 
ation period. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

EXECUTIVE ORDER 

An Executive Order received (See Appendix) is presented to the Senate, read, 
and referred to committee, as follows: 



March 29, 1995 



252 SENATE JOURNAL [Session 

Executive Order Number 74, Designating the Year of the Mountains and 
Creating the Year of the Mountains Commission. 
Referred to Agriculture/Environment/Natural Resources Committee. 

REPORTS OF COMMITTEE 

A standing committee submits reports out of the regular order of business, which 
are read, and take their place on the Calendar, as follows: 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

CONFIRMATION OF APPOINTMENTS 

STATE PERSONNEL COMMISSION 

The President and Members of the Senate 
North Carolina General Assembly 
State Legislative Building 
Raleigh, North Carolina 27601 

Mr. President and Members of the Senate: 

In compliance with the provisions of G.S. 126-2 requiring appointees to the State 
Personnel Commission to be confirmed by the General Assembly, Governor Hunt 
has submitted his appointee, Judy M. Stephenson, for confirmation. Her term will 
begin July 1, 1995 and will expire on June 30, 2001. 

The Senate Committee on State Personnel has considered the appointment and 
makes the following recommendation to the General Assembly: 

That the appointment of Judy M. Stephenson to the State Personnel Commission 
beginning on July 1, 1995 and expiring on June 30, 2001, be confirmed. 

Respectfully submitted, 

S/R. C. Soles, Jr., 

Co-Chairman 

Senate Committee on State Personnel 

Senator Soles offers a motion to the end the Senate adopt the report recom- 
mending the appointment by the Governor of Judy M. Stephenson to the State 
Personnel Commission, which motion prevails by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, and Webster — 44. 

Voting in the negative: None. 

The Chair orders a special message sent to the House of Representatives 
notifying that Honorable Body of the action of the Senate, to the end that when 



March 29, 1995 



1995] SENATE JOURNAL 253 

the House of Representatives takes a like action the appointment shall be con- 
firmed. 

BOARD OF TRUSTEES 

TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM 

NORTH CAROLINA GENERAL ASSEMBLY 

The President and Members of the Senate 
North Carolina General Assembly 
State Legislative Building 
Raleigh, North Carolina 27601 

Dear Mr. President and Members of the Senate: 

In compliance with the provisions of G.S. 135-6 requiring appointees to the Board 
of Trustees of the Teachers' and State Employees Retirement System to be 
confirmed by the General Assembly, Governor Hunt has submitted his appointees, 
Shirley A. Bell, Shirley A. Hise and James F. Edgerton, for confirmation. Their 
terms will begin April 1, 1995 and expire March 31, 1999. 

The Senate Committee on Pensions and Retirement has considered the appoint- 
ments and makes the following recommendation to the General Assembly: 

That the appointments of Shirley A. Bell, Shirley A. Hise and James E Edgerton 
to the Board of Trustees of the Teachers' and State Employees Retirement System 
beginning on April 1, 1995 and expiring on March 31, 1999, be confirmed. 

Respectfully submitted, 

S/R. C. Soles, Jr., 

Co-Chairman 

Senate Committee on State Personnel 



Senator Soles offers a motion to the end the Senate adopt the report of the 
Committee, which motion prevails by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, and Webster — 44. 

Voting in the negative: None. 

The Senate adopts the report and confirms the appointments by the Governor 
pursuant to G.S. 135-6 of Shirley A. Bell, Shirley A. Hise, and James F. Edgerton 
to the Board of Trustees of the Teachers' and State Employees Retirement System. 

A message is ordered sent to the House of Representatives notifying that Hon- 
orable Body of such action. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 



March 29, 1995 



254 SENATE JOURNAL [Session 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 259, a bill to establish civil liability for larceny, shoplifting, embezzlement, 
and obtaining property by false pretense and to protect merchants and peace offi- 
cers from civil liability for detention or arrest of persons accused of larceny, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 7596 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Cooper, the Committee Substitute bill is placed on the 
Calendar for Tuesday, April 4, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Simpson: 

S.B. 517, a bill to permit the County of Burke to collect delinquent fees for 
EMS services in the same manner as property taxes and to prohibit the registration 
of motor vehicles owned by persons owing delinquent EMS services in Burke 
County. 

Referred to Finance Committee. 

By Senators Kincaid and Davis: 

S.B. 518, a bill to amend the laws of North Carolina to improve the admin- 
istration of the Water Supply Watershed Protection Act. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Carpenter, Ballance, Conder, Speed, Albertson, Foxx, Davis, and 
Clark: 

S.B. 519, a bill to encourage the purchase of commodities and services offered 
by blind and by severely disabled persons. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators McDaniel, Ballantine, Shaw, McKoy, Davis, and Dannelly: 
S.B. 520, a bill to criminalize indecent liberties between children. 
Referred to Judiciary I/Constitution Committee. 

By Senators Foxx and East: 

S.B. 521, a bill relating to notices of lis pendens by the City of Reidsville. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Hoyle, Forrester, and Davis: 

S.B. 522, a bill to appropriate funds for the North Carolina Center for Applied 
Textile Technology. 
Referred to Appropriations Committee. 

By Senators Hobbs and Little: 

S.B. 523, a bill to allow Central Carolina Community College to lease certain 
property to the Chatham County Council on Aging. 

Referred to Local Government and Regional Affairs Committee. 



March 29, 1995 



1995] SENATE JOURNAL 255 

By Senators Hobbs and Little: 

S.B. 524, a bill making sundry amendments concerning local governments in 
Orange County. 

Referred to Local Government Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Forrester, Hoyle, and Carpenter: 

S.B. 525, a bill to require the State Health Director to prepare a medical and 
health benefits plan. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Plexico, Winner, Perdue, Hartsell, Plyler, Conder, and Davis: 
S.B. 526, a bill to provide that the General Assembly shall appoint four 
members to the Board of Trustees for each constituent institution. 
Referred to Rules and Operation of the Senate Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 372 (Committee Substitute), a bill to provide that the Madison County 
Board of Education shall take office in July of the year of their election. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 409 (Committee Substitute), a bill to add certain drugs to the controlled 
substances law. 
Referred to Judiciary I/Constitution Committee. 

H.B. 438, a bill to amend the State Personnel Act relating to the definition of 
career State employee, the grounds for State employee appeals, the investigatory 
duties of the Office of State Personnel, and the priority consideration of State 
employees in filling vacancies; to provide for the adoption of an alternative dispute 
resolution procedure by the State Personnel Commission; and to allow alternative 
observance of the New Year's Holiday. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 83, a bill to enact the Uniform Statutory Rule Against Perpetuities, as 
recommended by the General Statutes Commission. 

The bill passes its second reading (39-6). 

Senator Hartsell objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Thursday, March 30, for further consideration upon third reading. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission. 
The bill passes its second reading (41-5). 



March 29, 1995 



256 SENATE JOURNAL [Session 

Senator Hartsell objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Thursday, March 30, for further consideration upon third reading. 

S.B. 85, a bill to authorize honorary trusts, trusts for pets, and trusts for 
cemetery lots, as recommended by the General Statutes Commission. 

The bill passes its second (41-4) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 240, a bill to authorize the Department of Transportation to perform dredg- 
ing services for units of local government. 

Senator Simpson offers Amendment No. 1 which is adopted (37-7). 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides in the absence of the Lieutenant Governor. 

The bill, as amended, passes its second reading (41-4). 

Senator Kincaid objects to the third reading of the measure. Pursuant to Rule 
50, the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
March 30, for further consideration upon third reading. 

S.B. 331 (Committee Substitute), a bill to provide a limited tolerance for existing 
truck weights. 

Senator Hoyle offers Amendment No. 1 which is adopted (43-0). 

Senator Gulley offers Amendment No. 2 which is adopted (44-1). 

Senator Martin of Guilford offers Amendment No. 3. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

Amendment No. 3 fails of adoption (4-40) and the question reverts to passage 
of the Committee Substitute bill, as amended, upon second reading. 

The Committee Substitute bill, as amended, passes its second (41-3) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 365, a bill to provide for the taking of nongame fish with bow and arrow 
under authority of other hunting and fishing licenses. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted. 

Following debate Senator Soles offers a motion further consideration of the bill, 
as amended, be postponed until tomorrow, Thursday, March 30, which motion 
prevails with unanimous consent. The Chair orders the bill, as amended, placed 
on the Calendar for tomorrow, March 30, for further consideration. 

On motion of Senator Basnight, seconded by Senator Forrester, the Senate 
adjourns at 4:37 P.M. to meet tomorrow, Thursday, March 30, at 12:30 P.M. 



March 29, 1995 



1995] SENATE JOURNAL 257 

THIRTY-EIGHTH DAY 

Senate Chamber, 
Thursday, March 30, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Senator C. R. Edwards of Cumberland County, as follows: 

"May we pray. 

"Eternal God, our Father, Thou Who Art from Everlasting to Everlasting, Thou 
Who Art the Creator and Sustainer of all life, Thou Who Hast Brought us thus 
far on our way, we pause now at the beginning of this Session to give Thee thanks 
and to recognize You as Lord. 

"We thank Thee for the opportunity we have to serve. We thank Thee for this 
great nation of which we are part. We thank Thee for all that is good, but we 
repent of all that is evil. And will Thou use us as instruments to bring about the 
kind of world where peace and good will will reign forever? 

"Bless us now, keep us, use us, for we ask it all in His Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Sawyer due to illness; and to 
Senator Conder recuperating from knee surgery. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 29, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Louie L. 
Patseavouras of Greensboro, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Soles: 

S.B. 527, a bill to provide for a referendum on the repeal of the Charter of the 
Town of Sandyfield. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Soles, Allran, Rand, Hartsell, Cooper, Martin of Guilford, Gulley, 
Winner, Ballantine, Odom, Warren, Kerr, Horton, and Ballance: 

S.B. 528, a bill to establish mediated settlement conferences in civil actions in 
superior court. 

Referred to Judiciary I/Constitution Committee. 



March 30, 1995 



258 SENATE JOURNAL [Session 

By Senator Webster: 

S.B. 529, a bill to remove the sunset on the authorization for Alamance County 
to enter into a contract to repair the Alamance County Courthouse. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Gulley: 

S.B. 530, a bill to provide that the county publish a notice of a road closure 
hearing rather than publishing the full road closure resolution as currently required 
by law. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Simpson: 

S.B. 531, a bill to enact local legislation for Burke County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Simpson: 

S.B. 532, a bill to enact local legislation for Burke County concerning Lake 
James boating regulations. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S.B. 533, a bill to appropriate funds for improvements at the site of the North 
Carolina Indian Cultural Center. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 534, a bill to amend the law regulating surety bondsmen, bail bondsmen, 
and runners. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Ledbetter and Clark: 

S.B. 535, a bill to establish the appointive office of Tax Collector for Buncombe 
County and the City of Asheville upon the expiration of the term of the present 
elected Tax Collector and to authorize the joint or separate appointment of a Tax 
Collector for the County and City. 

Referred to Local Government and Regional Affairs Committee. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 268 (Committee Substitute), a bill to provide that fees paid by borrowers to 
loss reserve accounts of State-funded economic development programs are not 
considered interest or subject to claims or defenses of usury, as rewritten by the 
Commerce Committee, with a favorable report. 



March 30, 1995 



1995] SENATE JOURNAL 259 

H.B. 33 (Committee Substitute), a bill to increase the annual renewal fee for a 
real estate license and to require payment of the application fee each time an 
applicant takes the real estate examination, with a favorable report. 

By Senator Parnell for the Commerce Committee: 

S.B. 430, a bill to modify the investment authority of a bank under the banking 
laws, with a favorable report. 

With unanimous consent, on motion of Senator Parnell, the bill is placed on the 
Calendar for Thursday, April 6, for consideration. 

S.B. 482, a bill to make certain miscellaneous amendments to the banking laws, 
with a favorable report. 

With unanimous consent, on motion of Senator Parnell, the bill is placed on the 
Calendar for Thursday, April 6, for consideration. 

By Senator Speed for the Transportation Committee: 

S.B. 357, a bill to exempt the Department of Transportation from the require- 
ment of making quarterly reports of mileage of State vehicles assigned to the 
Department and to allow assignments of vehicles to the Department to be revoked 
only when the Department consents, with a favorable report. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of 
transporter plates, to allow owners of salvage vehicles to retain title to the vehicles, 
and to exempt out-of-State utility vehicles that are used in certain emergency 
operations from the vehicle registration and road tax requirements, with a 
favorable report. 

H.B. 377 (Committee Substitute), a bill to transfer to the Charlotte Department 
of Transportation the authority to approve changes to street names within that 
City, with a favorable report. 

S.B. 296, a bill to provide that the laws relating to motor vehicles apply within 
the Lake Royale Community in Franklin and Nash Counties, with a favorable 
report, as amended. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the fol- 
lowing bills which are read the first time and disposed of, as follows: 

H.B. 86 (Committee Substitute), a bill to require the identification of the non- 
supporting parent of any child receiving public assistance, to require the mother to 
identify the person reasonably believed to be the father, to require the State 
Registrar to provide paternity affidavits to the Child Support Enforcement Section 
of the Division of Social Services, and to require the Division of Social Services to 
study claims of good cause for refusing to establish paternity. 

Referred to Children and Human Resources Committee. 



March 30, 1995 



260 SENATE JOURNAL [Session 

H.B. 345, a bill to authorize the Town of Yaupon Beach to create a sea turtle 
sanctuary. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 374 (Committee Substitute), a bill to amend the extension of bear hunting 
season in Pasquotank and Camden Counties and to include Chowan County in that 
extension of the season. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 508, a bill to change the nonpartisan election of the Transylvania County 
Board of Education from the date of the primary to the date of the general 
election. 

Referred to Local Government and Regional Affairs Committee. 

COURTESIES OF FLOOR 
AMBASSADOR OF TAIWAN 

Senator Basnight, President Pro Tempore, rises and with the following remarks 
offers a motion to the end privileges of the floor be extended to the Ambassador 
of Taiwan, the Honorable Benjamin Lu, and his entourage which motion prevails: 

"Taiwan, as you know, is a major trading partner with North Carolina. Last year 
we did, in exports alone, about $186 million. That, as you're probably aware, is 
exceeding our export numbers with France, Italy, Spain, and other countries 
around the globe. They have meant a great deal to our industries in this State and 
our businesses, small and large, as well. And it gives me great pleasure to bring 
to the Chamber of the Senate the opportunity for us to allow the Ambassador of 
Taiwan to speak to us, and Mr. President, if it be appropriate to allow the Ambas- 
sador to entertain any questions we may have." 

With unanimous consent, the Chair directs Senator Soles, Deputy President Pro 
Tempore, to escort the distinguished guest to the Well of the Senate. The Senate 
receives the Ambassador of Taiwan standing. Senator Soles presents the 
Ambassador of Taiwan to the President of the Senate who welcomes him and 
presents him to the Senate. The Ambassador briefly addresses the Senate. (See 
Appendix.) 

Following his remarks, Lieutenant Governor Wicker presents the Ambassador a 
North Carolina Flag. The Chair recognizes Senator Soles to escort the 
distinguished visitors from the Chamber. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 83, a bill to enact the Uniform Statutory Rule Against Perpetuities, as 
recommended by the General Statutes Commission, upon third reading. 

On motion of Senator Hartsell, consideration of the bill is postponed until 
Tuesday, April 4. 



March 30, 1995 



1995] SENATE JOURNAL 261 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, upon third reading. 

On motion of Senator Hartsell, consideration of the bill is postponed until 
Tuesday, April 4. 

S.B. 365, a bill to provide for the taking of nongame fish with bow and arrow 
under authority of other hunting and fishing licenses, as amended. 

The bill, as amended, passes its second (41-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 161 (Senate Committee Substitute), a bill to provide the public with access 
to low-cost telecommunications service in a changing competitive environment. 

The Senate Committee Substitute bill passes its second (44-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

S.B. 240, a bill to authorize the Department of Transportation to perform dredg- 
ing services for units of local government, as amended, upon third reading. 

The bill, as amended, passes its third reading (43-1) and is ordered engrossed 
and sent to the House of Representatives. 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is disposed of, as follows: 

Pursuant to Chapter 769, Sec. 28.7(g) of the 1993 Session Laws, the North 
Carolina Department of Commerce submits a report on the Regional Economic 
Development Commission Expansion. 

Referred to Appropriations Committee. 

On motion of Senator Basnight, seconded by Senator Davis, the Senate adjourns 
at 1:13 P.M. to meet Monday, April 3, at 7:00 P.M. 



THIRTY-NINTH DAY 

Senate Chamber, 
Monday, April 3, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"O Lord, our God, as the Senate begins a new week, pressing ever forward in 
debate and decision, we confess that it is human nature to want answers that are 
easy, roads that are smooth, results that are quick. 



April 3, 1995 



262 SENATE JOURNAL [Session 

"We want one key that will unlock all doors, one medicine that will cure all ills, 
one solution that will cure all problems. And sometimes in all our busy searchings, 
we are reminded that You have been left behind. 

"So let our first order of business be to seek Your Guidance in all that is 
deliberated in this Chamber, so that You may be a lamp unto our feet and a light 
unto our pathways. Hear our prayer, O Lord. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Sawyer due to hospitalization; to Senator Smith due to illness; to Senator 
Odom due to trial of a lawsuit; and to Senator Hartsell to attend a county 
commissioner's meeting. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 30, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written 
(45-0). 

The President of the Senate extends courtesies of the floor to Dr. Sidney A. 
Martin of Raleigh, who is serving the Senate as Doctor of the Day. 

ELECTION TO 15TH SENATORIAL DISTRICT 

The Chair directs the Reading Clerk to read as follows: 

I, RUFUS L. EDMISTEN, Secretary of State of the State of North Carolina, do 
hereby certify that the State Board of Elections met via telephone conference on 
Monday, the 3rd day of April, A.D., 1995, in accordance with Chapter 163 of the 
General Statutes of North Carolina, at which time the Board did open, canvass 
and determine the returns of votes cast in the special election held on Tuesday, 
March 28th, 1995, and certified to me the person duly elected as a member of the 
Senate from Senate District 15 by the State Board of Elections as having the 
highest number of votes cast in the special election for Senate District 15 for 
General Assembly of 1995, to wit: 

DISTRICT NAME 

15th Daniel E. Page 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 
seal. 

DONE IN OFFICE at Raleigh, this 3rd day of April, 1995. 

S/Rufus L. Edmisten 
(SEAL) Secretary of State 

The Chair recognizes the Sergeant-at-Arms, who announces the presence of 
Senator-elect Daniel E. Page, his wife, Amy Page, and Judge Samuel Stuart 
Stephenson from the 11th Judicial District, in the Chamber and awaits direction of 
the Chair. 

The Chair greets Senator-elect Page and recognizes Senator Basnight, President 
Pro Tempore, who appoints Senator Cochrane, Senator Allran, Senator Shaw, and 



April 3, 1995 



1995] SENATE JOURNAL 263 

Senator Hobbs to escort the newly elected member, Daniel E. Page, to the Well of 
the Senate. 

The Chair extends courtesies of the floor to Mrs. Daniel E. Page and Judge Samuel 
Stuart Stephenson, and directs the Sergeant-at-Arms to escort them to the Well of the 
Senate. 

On motion of Senator Cochrane, remarks are spread upon the Journal, as 
follows: 

By Judge Stephenson: 

"Thank you, Mr. President; To you and to the President Pro Tern of the Senate, 
to the Senators here, to the ladies and gentlemen. 

"It is an honor and a distinct pleasure for me to swear in this evening Dan E. 
Page as a member of the Senate representing the Fifteenth District. 

"He is my neighbor and friend and he is an outstanding Christian gentleman. 
He has conducted himself honorably in two campaigns and he was overwhelmingly 
elected last Tuesday. We all wish him the best and, of course, have great expecta- 
tions for him. Mrs. Page, please hold the Bible. Senator-elect Page, if you will, 
please place your left hand on the Bible and hold up your right, and repeat after 
me. 

"Do you, Daniel E. Page, solemnly swear that you will support the Constitution 
and laws of the United States, so help you God?" 
By Senator-Elect Page: 

"I do." 
By Judge Stephenson: 

"Do you solemnly and sincerely swear that you will be faithful and bear true 
allegiance to the State of North Carolina, and to the Constitutional powers and 
authorities which are or may be established for the government thereof, and will 
you endeavor to support, maintain, and defend the Constitution and laws of said 
State, not inconsistent with the Constitution of the United States to the best of 
your knowledge and ability?" 
By Senator-Elect Page: 

"I will." 
By Judge Stephenson: 

"Do you solemnly and sincerely swear that you will faithfully discharge your 
duties as a Senator representing the Fifteenth Senatorial District of the Senate of 
the 1995 General Assembly of the State of North Carolina to the best of your skill 
and ability, so help you God?" 
By Senator-Elect Page: 

"I do." 
By Judge Stephenson: 

"All right. I'm going to ask you now, Senator-elect Page, if you will, I'm going 
to ask you to sign your oath, and if you will, place your name, Daniel E. Page, 
above the line. Okay. 

"Madam Clerk, I herewith submit to you and ask you to receive the signed oath 
of Daniel E. Page bearing his signature and mine to be accepted as a part of the 
the North Carolina State Senate records. (Applause) I want to congratulate you 
as being the newest Member of the North Carolina State Senate and also, I under- 
stand, the youngest. Congratulations." (Applause) 



April 3, 1995 



264 SENATE JOURNAL [Session 

By Lieutenant Governor Wicker: 

"The Chair recognizes the President Pro Tern of the Senate, Senator Basnight of 
Dare." 
By Senator Basnight: 

"Thank you again, Mr. President, and Members of the Senate. I now move that 
the escort committee please escort our newly elected and sworn in Senator to Seat 
19 while he will represent his people of the District, and at the same time would 
the escort committee please escort the Judge and the wife of the Senator to the 
rear of the Chambers." 
By Lieutenant Governor Wicker: 

"The Chair so directs. 

"The Chair recognizes Senator Page to speak to the Senate on a point of 
personal privilege. You have the floor, Senator." 
By Senator Page: 

"Thank you, Mr. President. I want to say thank you, Mr. President, to you; to 
President Pro Tern, Marc Basnight; to Senate Minority Leader, Betsy Cochrane; 
and to many of you for extending the courtesies that you have to me in getting 
settled in; and I also want to thank the people of the Fifteenth Senate District 
from Harnett, Lee, Johnston, and Sampson Counties, many of whom are here 
tonight for the privilege and the opportunity to serve you in this Senate. And I 
just want to say that I look forward to working with the Senate members in the 
upcoming weeks and months. Thank you." (Applause) 

COMMITTEE APPOINTMENTS 

Senator Basnight appoints Senator Page to the Finance Committee, the Agricul- 
ture/Environment/Natural Resources Committee, the Transportation Committee, 
and to the Judiciary I/Constitution Committee, and assigns his office as Room 
1414 of the Legislative Building. 

The President Pro Tempore announces changes in assignments to Standing 
Committees as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Senator Kincaid is removed. 

FINANCE 

Senator Little is temporarily appointed until such time as either Senator Sawyer 
or Senator Smith withdraw the leave of absence granted. 

The Chair recognizes Senator Basnight, President Pro Tempore, who offers 
congratulatory remarks to Senator Page, as follows: 

"For our newly seated Senator, we wish you the best in your endeavors to 
represent the people of your District and this State in the vision and the mindset 
you feel is in the best interest of all of us. And in that effort, all of us stand 
ready, as well, to assist you in any way we can. Welcome to your family." 

The Chair declares a ten minute recess at 7:19 P.M. to the end members may 
offer congratulations to Senator Page. 



April 3, 1995 



1995] SENATE JOURNAL 265 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 54 (Committee Substitute), an act to make statutory conforming changes 
necessitated by an act to provide for a gubernatorial veto. (Ch. 20) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Parnell for the Commerce Committee: 

S.B. 65, a bill to regulate check cashing businesses, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

The Chair rules the measure does not require an assessment report under the 
provisions of G.S. 120-149 and Rule 42.3. 

On motion of Senator Parnell, the rules are suspended, and the proposed 
Committee Substitute bill 2583, which changes the title to read S.B. 65 
(Committee Substitute), a bill to regulate check-cashing businesses, is placed 
before the Senate for immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is re-referred to 
the Finance Committee. 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 99, a bill to grant additional management flexibility to local boards of 
education, to ensure that local boards of education are held accountable for the 
use of that flexibility, and to assess the relationship between expenditures for 
public schools and student performance, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the proposed 
Committee Substitute bill 1607, which changes the title to read, S.B. 99 
(Committee Substitute), a bill to grant additional management flexibility to local 
boards of education, to assess the relationship between expenditures for public 
schools and student performance, and to make conforming statutory changes is 
placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted, and on 
her further motion is re-referred to the Appropriations Committee. 

S.B. 24, a bill to refocus the school testing program on the basics, with an 
unfavorable report as to the bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the proposed 
Committee Substitute bill 4584 is placed before the Senate for immediate 
consideration, and on her further motion is adopted. 



April 3, 1995 



266 SENATE JOURNAL [Session 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Tuesday, April 4, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senator Foxx: 

S.B. 536, a bill to authorize the City of Mount Airy to levy a room occupancy 
and tourism development tax. 
Referred to Finance Committee. 

By Senators Foxx, East, Kincaid, and Simpson: 

S.B. 537, a bill to make certain ski privilege violations unlawful in Avery and 
Watauga Counties and to provide penalties for those violations. 
Referred to Judiciary I/Constitution Committee. 

By Senators Plexico and Winner: 

SJ.R. 538, a joint resolution providing for a joint session of the General 
Assembly to consider action on the appointments by the Governor of new 
members to the State Board of Education. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plexico and Winner: 

SJ.R. 539, a joint resolution providing for confirmation of the appointments of 
Kathy A. Taft and Jane Norwood to membership on the State Board of Education. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Conder and Plyler: 

S.B. 540, a bill to provide for election of all the members of the Rockingham 
City Council for four-year terms. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Dannelly, Little, Albertson, Davis, Forrester, Cochrane, Allran, 
East, Winner, Martin of Guilford, and Gulley: 

S.B. 541, a bill to provide for review of the Director of Social Services' decisions 
not to file abuse, neglect, or dependency petitions and to make clarifying changes 
to the law governing investigations of reports of abuse, neglect, and dependency. 

Referred to Children and Human Resources Committee. 

By Senator Allran: 

S.B. 542, a bill to provide for the nonpartisan election of the Catawba County 
Board of Education by plurality vote at the time of the County general election. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Allran (by request): 

S.B. 543, a bill to provide that jailers and communicators employed by the 
Catawba County Sheriff's Department are eligible to receive the benefits afforded 



April 3, 1995 



1995] SENATE JOURNAL 267 

to law enforcement officers through the Local Governmental Employees' 
Retirement System. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Shaw: 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Parnell, Forrester, Lucas, Carpenter, Hoyle, and Warren: 
S.B. 545, a bill to change the statutory cap on charges for processing medical 
record copy requests. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley, Martin of Guilford, Hoyle, Plexico, Blackmon, Odom, 
Dannelly, Lucas, and McKoy: 

S.B. 546, a bill to allow cities to provide for a nonbinding presidential primary 
at the time of the municipal election so as to focus national attention and at least 
a part of the presidential debate on urban issues. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Gulley: 

S.B. 547, a bill to authorize the Legislative Research Commission to continue a 
study of employment procedures. 
Referred to Appropriations Committee. 

By Senators Plexico, Rand, Martin of Pitt, Cochrane, Simpson, and Martin of 
Guilford: 

S.B. 548, a bill to appropriate funds to the Center for Community Self-Help to 
further a statewide program of lending for home ownership. 

Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 549, a bill to appropriate funds for the purchase and emergency stabilization 
of the Shook-Smathers House. 
Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 550, a bill to improve the administration of justice and promote judicial 
economy and efficiency within the Superior Court Division of the General Court 
of Justice by providing for full eight-year terms of office when vacancies arise and 
an election is held other than at the expiration of the prior term. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Little, Forrester, Perdue, Martin of Guilford, and Hobbs: 
S.B. 551, a bill to appropriate funds to provide diagnostic and treatment services 
for children with craniofacial anomalies including cleft lip/palate. 
Referred to Appropriations Committee. 



April 3, 1995 



268 SENATE JOURNAL [Session 

By Senator Cooper: 

S.B. 552, a bill to clarify the law regarding public hospital contracting. 

Referred to Judiciary I/Constitution Committee. 

By Senator Cooper: 

S.B. 553, a bill pertaining to the County of Nash. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Kerr and Carpenter: 

S.B. 554, a bill to authorize the purchase of goods and services for persons with 
disabilities under procedures that allow flexibility to meet individual needs. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Sherron: 

S.B. 555, a bill to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may access, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings. 

Referred to Finance Committee. 

By Senator Simpson: 

S.B. 556, a bill to specify how the proceeds of the Burke occupancy tax shall be 
divided between the two purposes for which they may be used. 
Referred to Finance Committee. 

By Senators Ballantine and Jordan: 

S.B. 557, a bill to authorize the City of Wilmington to enter into annexation and 
payment in lieu of tax agreements with the owners of certain classes of properties. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Odom, Winner, Dannelly, and Blackmon: 

S.B. 558, a bill to provide for expedited eviction of persons engaged in drug- 
related criminal activity and other criminal activity that threatens the health, safety, 
or peaceful enjoyment of rental property. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Winner, Dannelly, and Blackmon: 

S.B. 559, a bill to increase the penalties for a drug offense that occurs in a 
drug-free public housing zone, to provide that acceptance of rent by a housing 
authority is not a waiver of default, and to authorize housing authorities to govern 
entry upon housing authority property by guests and visitors. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Blackmon, Winner, and Dannelly: 
S.B. 560, a bill to authorize a county director of social services to delegate the 
function of issuing youth employment certificates. 
Referred to Children and Human Resources Committee. 

By Senators Odom, Winner, Dannelly, and Blackmon: 

S.B. 561, a bill to appropriate funds to meet the mandate for a "single portal of 
entry and exit" for area mental health authorities. 
Referred to Children and Human Resources Committee. 



April 3, 1995 



1995] SENATE JOURNAL 269 

By Senators Odom, Winner, Dannelly, and Blackmon: 

S.B. 562, a bill to appropriate funds to enable the Mecklenburg County 
Department of Social Services to move towards a "single portal of entry." 
Referred to Appropriations Committee. 

By Senators Odom, Winner, Dannelly, and Blackmon: 

S.B. 563, a bill to annex certain described property into the corporate limits of 
the Town of Cornelius. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Odom: 

S.B. 564, a bill to change the manner in which an execution date is reset for a 
person who has been sentenced to death and whose sentence has been affirmed 
and any stay of execution has expired. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom and Ballance: 

S.B. 565, a bill to direct the Joint Legislative Corrections Oversight Committee 
to study the Salary Continuation Program in the Department of Correction. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Perdue, Cochrane, Winner, Lucas, Foxx, Carpenter, and Little: 
S.B. 566, a bill to provide for direct access by women to obstetrician- 
gynecologists. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Winner, Perdue, Lucas, Odom, Plexico, Cochrane, and Gulley: 
S.B. 567, a bill to make domestic violence a presumptive factor in custody deter- 
mination matters. 
Referred to Judiciary I/Constitution Committee. 

By Senator Cochrane: 

S.B. 568, a bill to provide that the Davie County Board of Education shall take 
office on the first Monday in July following their election. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Webster, Kerr, Carrington, and Sherron: 

S.B. 569, a bill to extend the time limit within which a taxpayer can demand a 
tax refund from thirty days to the later of three years after the return was due or 
six months after the tax was paid. 

Referred to Finance Committee. 

By Senators Soles, Jordan, Parnell, Kerr, and Warren: 

S.B. 570, a bill to facilitate extension of a certain interstate natural gas pipeline 
by exempting generation served by that pipeline from regulation as a public utility. 
Referred to Commerce Committee. 

By Senators Warren, Kerr, and Martin of Pitt: 

S.B. 571, a bill to appropriate funds for Agricultural Research at Cunningham 
Farm, a North Carolina State University Research Station. 
Referred to Appropriations Committee. 



April 3, 1995 



270 SENATE JOURNAL [Session 

By Senators McKoy, Jordan, McDaniel, Clark, Hobbs, Sherron, Edwards, Lucas, 
Carrington, Simpson, Martin of Guilford, Hartsell, Carpenter, and Davis: 

S.B. 572, a bill to provide for surety bonds for small businesses that contract 
with governmental agencies. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting a bill 
which is read the first time and disposed of, as follows: 

H.B. 9 (Committee Substitute), a bill to expedite the postconviction process in 
North Carolina. 
Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 296, a bill to provide that the laws relating to motor vehicles apply within 
the Lake Royale Community in Franklin and Nash Counties. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

The bill passes its second (44-0) and third readings and is ordered engrossed 
and sent to the House of Representatives. 

H.B. 377 (Committee Substitute), a bill to transfer to the Charlotte Department 
of Transportation the authority to approve changes to street names within that 
City. 

With unanimous consent, on motion of Senator Blackmon, consideration of the 
Committee Substitute bill is postponed until Tuesday, April 4. 

H.B. 33 (Committee Substitute), a bill to increase the annual renewal fee for a 
real estate license and to require payment of the application fee each time an 
applicant takes the real estate examination, upon second reading. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second (43-3) and third readings and is 
ordered enrolled. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of 
transporter plates, to allow owners of salvage vehicles to retain title to the vehicles, 
and to exempt out-of-State utility vehicles that are used in certain emergency 
operations from the vehicle registration and road tax requirements, upon second 
reading. 

With unanimous consent, on motion of Senator Kerr, the Committee Substitute 
bill is re-referred to the Finance Committee. 

S.B. 268 (Committee Substitute), a bill to provide that fees paid by borrowers to 
loss reserve accounts of State-funded economic development programs are not 
considered interest or subject to claims or defenses of usury. 



April 3, 1995 



1995] SENATE JOURNAL 271 

The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 357, a bill to exempt the Department of Transportation from the 
requirement of making quarterly reports of mileage of State vehicles assigned to 
the Department and to allow assignments of vehicles to the Department to be 
revoked only when the Department consents. 

The bill passes its second reading (41-4). 

Senator Sherron objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Tuesday, April 4, for further consideration upon third reading. 

EXECUTIVE ORDERS 

Executive Orders received (See Appendix) are presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order No. 73, Suspension of Rules During Local Emergencies. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order No. 75, Creation of regional Councils and a Coordinating 
Council to Support Sound Environmental Management in the Albemarle-Pamlico 
Estuarine Study Region. 

Referred to Rules and Operation of the Senate Committee. 

RESOLUTIONS FROM OTHER STATES 

The following resolutions received on March 31, 1995, from other Legislative 
Bodies are presented to the Senate and are ordered filed in the Office of the 
Principal Clerk with the papers of the Senate. (See Appendix) 

Oregon Senate Concurrent Resolution 3, declaring sovereignty of the State of 
Oregon over the Federal Government and instructing the Federal Government to 
cease and desist immediately all mandates outside the scope of its constitutionally 
delegated authority. 

Arkansas Senate Concurrent Resolution No. 2. declaring the sovereignty of the 
State of Arkansas under the 10th Amendment to the Constitution of the United 
States and petitioning Congress to cease and desist mandates that are beyond the 
scope of its Constitutionally-delegated powers. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Aja Andreu, Concord; Shawn A. Andrews, Huntersville; Brenda Austin, Arden; 
Ashley Alan Avery, Rocky Mount; Arvett L. F. Bowen, Benson; Benjamin 
D. Caricofe, Apex; Jared Alan Childress, Boiling Springs; Ben Connor, Kings 
Mountain; Chris Eudy, Concord; Kimberly Sue Fales, Pope Air Force Base; 



April 3, 1995 



272 SENATE JOURNAL [Session 

Daniel C. Fitzpatrick, Durham; Brady Johnson, Four Oaks; Grady L. Johnson, 
Four Oaks; Karyn C. Kelly, Barnardsville; Tonya D. Larsen, Cary; Erica Luntz, 
Asheville; Charles Warwick Mauze III, Wilson; Kim Vernon McCumber, Spring 
Lake; John S. Nelson III, Raleigh; Michael A. Pedde, Durham; Channing Lamar 
Smith, Stanfield; and Philip Andrew Strand, Spring Lake. 

On motion of Senator Basnight, seconded by Senator Page, the Senate adjourns 
at 8:09 P.M. to meet tomorrow, Tuesday, April 4, at 3:00 P.M. 



FORTIETH DAY 

Senate Chamber, 
Tuesday, April 4, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

An invocation in song is offered by the Reverend Tom Southern, Retired Baptist 
Minister from Walkertown, as follows: 

"Join me as we pray together. 

"God is so Good, God is so Good, God is so Good, He's so good to me." 
(a cappella) 

Reverend Southern offers a prayer, as follows: 

"Eternal God, we, in all truthfulness, must confess You've been so good to us in 
the State of North Carolina. As we consider others across the nation and around 
the world, we know how thankful we should be. 

"We also believe that those who have been so blessed have a great responsibility. 
Thus, Lord, we ask today for Your Guidance as matters that involve so many lives 
are considered. 

"Today we remember the people in every District of our State who are 
represented by those who are assembled here today. May Your Blessings be upon 
each one in a special way, and also may Your Blessings be upon the loved ones of 
each one here, whether near or far away. 

"We pray for guidance for every leader in our State and our nation, that we may 
set the example for all other nations on the face of the earth. And help us to 
always take seriously our motto, 'In God We Trust.' 

"We pray with thanksgiving, in Christ's Name. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to hospitalization; to Senator Smith due to illness; and to 
Senator Odom due to trail of a lawsuit. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, April 3, 1995, has been examined and is found to be correct. 



April 4, 1995 



1995] SENATE JOURNAL 273 

Senator Cochrane offers a motion the Journal be amended to spread the re- 
marks of Judge Stephenson, Senator Basnight, and Senator Page offered yesterday, 
which motion prevails. 

On motion of Senator Basnight, the Senate dispenses with the reading of the 
Journal and it stands approved, as amended (42-0). 

The President of the Senate extends courtesies of the floor to Dr. Bernadette 
Page of Durham, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 220, an act to provide counties with information to enable them to verify 
claims for refunds of their local sales and use tax. (Ch. 21) 

H.B. 33 (Committee Substitute), an act to increase the annual renewal fee for a 
real estate license and to require payment of the application fee each time an 
applicant takes the real estate examination. (Ch. 22) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 344, a bill to establish the requirements for certification to teach notary 
courses, to allow revocation of notarial commissions for notaries who fail to admin- 
ister oaths or affirmations, and to provide that applicants for recommissioning need 
not obtain the recommendation of a publicly elected official, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 1612, which changes the title to read S.B. 344 
(Committee Substitute), a bill to establish the requirements for certification to 
teach notary courses, to allow revocation of notarial commissions for notaries who 
fail to administer oaths or affirmations, to provide that applicants for recommis- 
sioning need not obtain the recommendation of a publicly elected official, and to 
allow the Secretary of State law enforcement agents to enforce the notary Chapter, 
is placed before the Senate for immediate consideration. 

On motion of Senator Gulley the Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Thursday, April 6, for further 
consideration. 

S.B. 366, a bill to remove the limitation on funding for the per diem costs of 
inmates housed out-of-State, with a favorable report. 

On motion of Senator Gulley, the bill is re-referred to the Appropriations 
Committee. 



April 4, 1995 



274 SENATE JOURNAL [Session 

By Senator Parnell for the Commerce Committee: 

S.B. 414, a bill to "opt-in" for interstate branching authority under the Reigle- 
Neal Interstate Banking and Branching Efficiency Act of 1994, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Com- 
mittee Substitute bill 7604, which changes the title with a spelling correction to 
read S.B. 414 (Committee Substitute), a bill to "opt-in" for interstate branching 
authority under the Riegle-Neal Interstate Banking and Branching Efficiency Act 
of 1994, is placed before the Senate for immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted and on 
his further motion is placed on the Calendar for Wednesday, April 5, for further 
consideration. 

S.B. 415, a bill to provide for the merger of banks and savings institutions, with 
a favorable report. 

COMMITTEE REFERRAL RECALL 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, as written by the Judiciary I/Constitution Committee 
and referred to the Appropriations Committee on March 27. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the Committee Substitute 
bill be taken from the Appropriations Committee and placed on the Calendar for 
today as the last order of business, which motions prevail. 

The Chair orders the Committee Substitute bill recalled from the Appropriations 
Committee and places it at the end of the Calendar for today, for consideration 
upon its passage. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Conder, Blackmon, McDaniel, Clark, Hoyle, Ballance, Foxx, Parnell, 
Soles, Carpenter, Winner, Lucas, Plyler, Carrington, Ballantine, McKoy, Speed, 
Davis, East, Ledbetter, Webster, Martin of Pitt, Martin of Guilford, Jordan, 
Sherron, Dannelly, and Edwards: 

S.B. 573, a bill to enhance the role of optometrists in medical cost containment 
through revision of the hospital privileges law, to repeal the requirement for an 
optometrist to collaborate with a physician in the use or prescription of certain 
pharmaceutical agents, to establish peer review for optometrists, and to establish 
an optometrist privilege. 

The referral to committee is held under Rule 43. 

By Senator Speed: 

S.B. 574, a bill to authorize Franklin County to levy facility fees, an additional 
sales and use tax of one percent, and a two percent real estate transfer tax, subject 
to approval by the voters of the county, to generate funds for public school capital 
needs. 

Referred to Finance Committee. 



April 4, 1995 



1995] SENATE JOURNAL 275 

By Senator Perdue: 

S.B. 575, a bill to increase the membership of the Legislative Ethics Committee, 
to designate committee cochairs from each legislative chamber, and to make 
conforming changes. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Foxx: 

S.B. 576, a bill to authorize Alleghany County to levy a one percent local land 
transfer tax for public school capital needs, subject to approval by the voters of the 
County. 

Referred to Finance Committee. 

By Senators Hoyle, Carpenter, Cochrane, Gulley, Perdue, Rand, Soles, Webster, 
and Cooper: 

S.B. 577, a bill to amend the educational requirements for certified public 
accountants. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Hoyle and Forrester: 

S.B. 578, a bill to appropriate funds for capital expenditures at the center for 
Applied Textile Technology. 
Referred to Appropriations Committee. 

By Senators Hoyle and Davis: 

S.B. 579, a bill to authorize the Cleveland County Board of Education to dispose 
of certain property at private sale. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Conder: 

S.B. 580, a bill to amend the Charter of the City of Albemarle concerning 
assessments for street improvements. 
Referred to Finance Committee. 

By Senator Horton (by request): 

S.B. 581, a bill to permit the City of Winston-Salem to provide that certain 
housing code complaints and orders may be served by regular mail in addition to 
registered or certified mail. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Horton, McDaniel, and Cochrane: 

S.B. 582, a bill to permit the City of Winston-Salem to regulate by ordinance 
the possession of malt beverages and unfortified wine. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Horton, McDaniel, and Cochrane: 

S.B. 583, a bill to allow personal representatives of estates in the City of 
Winston-Salem to expend estate assets to prevent the waste of real property 
belonging to the estate. 

Referred to Local Government and Regional Affairs Committee. 



April 4, 1995 



276 SENATE JOURNAL [Session 

By Senator Sherron: 

S.B. 584, a bill to authorize the construction and the financing, without appropri- 
ations from the General Fund, of a capital improvements project at Appalachian 
State University. 

Referred to Appropriations Committee. 

By Senators Ledbetter, Allran, Foxx, Simpson, Ballantine, Horton, Kerr, Soles, 
Ballance, Clark, McKoy, and Cochrane: 

S.B. 585, a bill to expedite execution of judgments against the property of the 
judgment debtor. 

Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 167, a bill to allow counties not to bill for certain property taxes when the 
amount due on the tax bill is less than the cost of preparing and sending the bill, 
for concurrence in the House Committee Substitute bill, which changes the title, 
upon concurrence, to read S.B. 167 (House Committee Substitute), a bill to allow 
counties not to bill for property taxes on certain vehicles when the amount due on 
the tax bill is less than the cost of preparing and sending the bill, which is placed 
on the Calendar for tomorrow, Wednesday, April 5, for concurrence. 

H.B. 137, a bill to modify the membership of the Rockingham Tourism 
Development Authority. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 212, a bill to authorize the City of Greensboro to use the single-prime 
contract system for the expansion of sewage treatment facilities. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 214, a bill to revise and consolidate the Charter of the Town of Tarboro. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 312, a bill to permit Chimney Rock Village to hold certain ABC elections. 
Referred to Judiciary H/Election Laws Committee. 

H.B. 401, a bill to retain certified law enforcement officers for the State 
Museum of Art. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 509, a bill to rotate party alignment on the ballot. 
Referred to Judiciary II/Election Laws Committee. 

COMMITTEE REFERRAL RECALL 

H.B. 9 (Committee Substitute), a bill to expedite the postconviction process in 
North Carolina, referred to the Judiciary I/Constitution Committee on Monday, 
April 3. 



April 4, 1995 



1995] SENATE JOURNAL 277 

Senator Rand offers a motion the rules be suspended to the end the Committee 
Substitute bill be taken from the Judiciary I/Constitution Committee and 
re-referred to the Judiciary II/Election Laws Committee, which motions prevail 
with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Judiciary 1/ 
Constitution Committee and refers the measure to the Judiciary II/Election Laws 
Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 377 (Committee Substitute), a bill to transfer to the Charlotte Department 
of Transportation the authority to approve changes to street names within that 
City. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered enrolled. 

S.B. 24 (Committee Substitute), a bill to refocus the school testing program on 
the basics. 

The Committee Substitute bill passes its second (45-1) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 
merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny. 

Senator Martin of Guilford offers Amendment No. 1 which is adopted (44-3). 

The Committee Substitute bill, as amended, passes its second reading (46-0). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Wednesday, 
April 5, for further consideration upon third reading. 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, recalled from the Appropriations Committee and 
placed earlier today on the Calendar. 

Senator McKoy offers a motion to the end that the measure be removed from 
today's Calendar and placed on the Calendar for tomorrow, Wednesday, April 5. 
Following debate, Senator McKoy offers a substitute motion to the end the 
question of passage on second reading be taken to allow his objection to third 
reading, which motion the Chair rules out of order. Senator McKoy subsequently 
withdraws his motion to postpone consideration until tomorrow. 

S.B. 83, a bill to enact the Uniform Statutory Rule Against Perpetuities, as 
recommended by the General Statutes Commission, upon third reading. 

The bill passes its third reading (46-1) and is ordered sent to the House of 
Representatives. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, upon third reading. 

On motion of Senator Hartsell, consideration of the bill is postponed until 
Tuesday, April 11. 



April 4, 1995 



278 SENATE JOURNAL [Session 

S.B. 357, a bill to exempt the Department of Transportation from the 
requirement of making quarterly reports of mileage of State vehicles assigned to 
the Department and to allow assignments of vehicles to the Department to be 
revoked only when the Department consents, upon third reading. 

The bill passes its third reading (44-3) and is ordered sent to the House of 
Representatives. 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, placed on the Calendar earlier today. 

Following lengthy debate, the Committee Substitute bill passes its second reading 
(40-6). 

Senator Webster objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Wednesday, April 5, for further consideration upon third reading. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator McKoy. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 399, a bill to amend the definition of podiatry, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 7606 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

The Committee Substitute bill is placed on the Calendar for Wednesday, April 5, 
for further consideration. 

REPORTS TO GENERAL ASSEMBLY 

Commissions and Agencies directed to report to the General Assembly submit 
reports (See Addendum) which are referred to the Appropriations Committee, as 
follows: 

Pursuant to G.S. 158-8.3(e)(5), the Southeastern North Carolina Regional 
Economic Development Commission submits its Report to the General Assembly 
of the State of North Carolina; and 

Pursuant to G.S. 158-8. 1(e)(5), the Western North Carolina Regional Economic 
Development Commission submits its Annual Report; and 

Pursuant to G.S. 158-8.2(f)(4), the Northeastern North Carolina Regional 
Economic Development Commission submits its Report to the General Assembly 
of the State of North Carolina; and 



April 4, 1995 



1995] SENATE JOURNAL 279 

Pursuant to Chapter 772 of the 1993 Session Laws, the North Carolina 
Department of Human Resources submits the Natural Heritage Trust Fund 1994 
Annual Report; and 

Pursuant to Chapter 769, Sec. 19(a)(b) of the 1993 Session Laws, the North 
Carolina Department of Public Instruction submits its Reports on Salaries for 
Noncertified Public School Employees. 

COMMITTEE APPOINTMENT 

The President Pro Tempore announces a change in assignments to Standing 
Committees, as follows: 

JUDICIARY I/CONSTITUTION 

Senator Hobbs is appointed. 

On motion of Senator Basnight, seconded by Senator East, the Senate adjourns 
at 4:17 P.M. to meet tomorrow, Wednesday, April 5, at 3:00 P.M. 



FORTY-FIRST DAY 

Senate Chamber, 
Wednesday, April 5, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Most Gracious God, as the work days here grow longer for the Senators and 
staff, may the words penned by Edgar Guest be a source of encouragement to 
them. 

Who does their tasks from day to day 

And meets whatever comes their way, 

Believing God has willed it so, 

Has found real greatness here below. 
"And so, O Lord, whether their tasks seem great or small, we pray that You will 
give Your Servants strong bodies and clear minds so that they may present them- 
selves to You as workers who have acquitted themselves well, rightly handling the 
Word of Truth. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; to Senator 
Odom for trial of a lawsuit; and to Senator Cooper trying a case in Halifax 
County. 



April 5, 1995 



280 SENATE JOURNAL [Session 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 4, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written (43-0). 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 377 (Committee Substitute), an act to transfer to the Charlotte Department 
of Transportation the authority to approve changes to street names within that 
City. (Ch. 23) 

Senator Rand offers a motion that the rules be suspended to the end the 
deadline for filing local bills by Senator Page be extended until Tuesday, April 18, 
which motion prevails with unanimous consent. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

H.B. 2, a bill to reduce income taxes for the working people of North Carolina 
by increasing the personal exemption deduction by five hundred dollars and by 
allowing a tax credit of fifty dollars per dependent child, with an unfavorable 
report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Senate Committee Substitute bill 6105, which changes the title, upon concurrence, 
to read H.B. 2 (Senate Committee Substitute), a bill to reduce income taxes for 
the lower and middle-income people of North Carolina by increasing the personal 
exemption deduction by five hundred dollars and by allowing a tax credit of sixty 
dollars per dependent child, is placed before the Senate for immediate consider- 
ation. 

On motion of Senator Sherron, the Senate Committee Substitute bill is adopted, 
and on his further motion is placed on the Calendar for Thursday, April 6, for 
further consideration. 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 294, a bill to limit the issuance and renewal of barber certificates, permits, 
and licenses, to establish late fees for expired certificates and to make certain 
revisions to the law governing the Board of Barber Examiners and the sanitary 
rules, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Lucas, the rules are suspended, and the proposed 
Committee Substitute bill 5588, which changes the title to read S.B. 294 
(Committee Substitute), a bill to limit the issuance and renewal of barber 



April 5, 1995 



1995] SENATE JOURNAL 281 

certificates, permits, and licenses, to establish late fees for expired certificates, to 
make certain revisions to the law governing the Board of Barber Examiners and 
the sanitary rules, and to make conforming changes to the Cosmetic Art Act, is 
placed before the Senate for immediate consideration. 

On motion of Senator Lucas, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 206, a bill to incorporate the Village of Flat Rock, subject to a referendum, 
with a favorable report. 
Pursuant to Rule 43, the bill is referred to the Finance Committee. 

H.B. 188, a bill to extend to the City of Lumberton provisions of a local act 
which provide that service in housing code cases is sufficient when a regular letter 
is sent out along with a registered or certified letter, and the regular letter is not 
returned, but the registered or certified mail is unclaimed or refused, with a favor- 
able report. 

H.B. 313, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of 
Commissioners, with a favorable report. 

H.B. 317, a bill relating to elections of the City of Winston-Salem and the 
County of Forsyth so that the general law will apply on sharing of costs of the 
County Board of Elections, with a favorable report. 

S.B. 375, a bill to enlarge the membership of the Stanly County Economic 
Development Commission, with a favorable report. 

S.B. 384, a bill relating to pyrotechnics in the City of Winston-Salem, with a 
favorable report. 

S.B. 523, a bill to allow Central Carolina Community College to lease certain 
property to the Chatham County Council on Aging, with a favorable report. 

Senator Hobbs offers a motion that the rules be suspended to the end the 
measure be placed on the Calendar for today, which motion prevails. The Chair 
orders the bill placed at the beginning of today's Calendar. 

H.B. 211, a bill amending the Charter of the City of Greensboro to authorize 
the City Council to require owners of rental property within the City to authorize 
an agent to accept service of process, with a favorable report, as amended. 

H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores, with a favorable report, as amended. 

S.B. 507, a bill to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 
sewer lines to property located outside of the city limits when requested by the 



April 5, 1995 



282 SENATE JOURNAL [Session 

Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee, pursuant to Rule 43. 

H.B. 115 (Committee Substitute), a bill to modify the appointment of the Hali- 
fax ABC Board and to provide that distribution of revenue shall be according to 
General Statute, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed Senate 
Committee Substitute bill 4106 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Chair orders the measure placed on the Calendar 
for Thursday, April 6, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Hartsell: 

S.B. 586, a bill to reduce reliance on debt for public school construction in 
Cabarrus County by authorizing the County to levy a temporary sales and use tax 
of one percent, if approved by the voters of the County, for public school construc- 
tion. 

Referred to Finance Committee. 

By Senator Hartsell: 

S.B. 587, a bill relating to Cabarrus County and to cities and school admin- 
istrative units located wholly or partly in Cabarrus County. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Hartsell: 

S.B. 588, a bill relating to Cabarrus County and to cities and school admin- 
istrative units located wholly or partly in Cabarrus County. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Hartsell: 

S.B. 589, a bill relating to Cabarrus County and to cities and school admin- 
istrative units located wholly or partly in Cabarrus County. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Hartsell: 

S.B. 590, a bill to make technical corrections and conforming changes to the 
General Statutes and Session Laws as recommended by the General Statutes 
Commission. 

Referred to Judiciary II/Election Laws Committee. 



April 5, 1995 



1995] SENATE JOURNAL 283 

By Senators Kincaid and McDaniel: 

S.B. 591, a bill to provide that insurance agents and brokers who have been 
licensed for three years or more must comply with continuing education 
requirements every two years rather than once a year. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Edwards and Rand: 

S.B. 592, a bill to modify the provisions of the Charter of the City of Fayetteville 
concerning fair housing. 
Referred to Local Government and Regional Affairs Committee. 

REFERRAL TO COMMITTEE 

S.B. 27 (House Committee Substitute), a bill to repeal the prison population 
cap, to raise the limit on prison capacity, to authorize the parole of nonviolent 
inmates, to authorize certain contracts for the housing of State prisoners in local 
confinement facilities, to allow for the contracting of private prisons, to remove the 
limit on prisoners who may be housed in non-state owned facilities, to remove the 
sunset on contracts with out-of-state public correctional facilities, and to allow the 
Department to use available funds to provide additional prison beds and employ 
necessary staff, received for concurrence and ordered held in the Office of the 
Principal Clerk for referral to committee on March 20. 

Senator Rand offers a motion that the rules be suspended to the end the House 
Committee Substitute bill be referred to the Appropriations Committee. 

With unanimous consent, the motion prevails and the Chair rescinds his order of 
March 20, and orders the House Committee Substitute bill recalled from the Prin- 
cipal Clerk's Office and re-referred to the Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 65 (Committee Substitute), a bill to require the display of the United 
States flag in every public school classroom, to encourage the display of the North 
Carolina flag in every public school classroom, to require students in the public 
schools to recite the pledge of allegiance every day, to encourage the display of the 
United States and North Carolina flags and the recitation of the pledge of 
allegiance in private schools and home schools, and to encourage donations of flags 
to be displayed in every public school classroom. 

Referred to Education/Higher Education Committee. 

H.B. 207 (Committee Substitute), a bill to make it a felony offense to solicit a 
child by means of computer to commit an unlawful sex act. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 208 (Committee Substitute), a bill to allow Edgecombe, Greene, Jackson 
and Madison Counties to acquire property for use by their county boards of 
education. 

Referred to Local Government and Regional Affairs Committee. 



April 5, 1995 



284 SENATE JOURNAL [Session 

H.B. 235, a bill to make technical and clarifying changes to laws concerning the 
School Administrator Standards Board and to extend to 1998 the date for 
implementation of the Standards Board Exam. 

Referred to Education/Higher Education Committee. 

H.B. 330 (Committee Substitute), a bill to authorize the City of Winston-Salem, 
the City of Gastonia, and the City of Fayetteville to require owners of rental 
property in those Cities to authorize an agent to accept service of process, and to 
clarify the authority of the Cities of Durham and Asheville to do the same. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 423, a bill to provide for the distribution of copies of certain publications 
to the State Personnel Commission and to the Office of State Personnel. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 523, a bill to allow Central Carolina Community College to lease certain 
property to the Chatham County Council on Aging, placed earlier today on the 
Calendar upon its passage, upon a favorable report from the Local Government 
and Regional Affairs Committeee. 

The bill passes its second and third readings and is ordered, without objection, 
sent to the House of Representatives by special messenger. 

S.B. 399 (Committee Substitute), a bill to amend the definition of podiatry. 

The Committee Substitute bill passes its second reading (40-6). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
April 6, for further consideration upon third reading. 

S.B. 414 (Committee Substitute), a bill to "opt-in" for interstate branching au- 
thority under the Riegle-Neal Interstate Banking and Branching Efficiency Act of 
1994. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 415, a bill to provide for the merger of banks and savings institutions. 

The bill passes its second reading (44-1). 

Senator Rand objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
April 6, for further consideration upon third reading. 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 
merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny, as amended, upon third reading. 

Senator Soles offers Amendment No. 2. 



April 5, 1995 



1995] SENATE JOURNAL 285 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

Following debate, Amendment No. 2 is adopted (32-13). 

Senator Simpson offers Amendment No. 3. 

Following explanation of Amendment No. 3, the Chair rules a motion to 
reconsider the adoption of Amendment No. 2 in order to consider Amendment 
No. 3. 

Senator Simpson offers a motion to withdraw Amendment No. 3 and offers a 
further motion to take the Committee Substitute bill, as amended, from today's 
Calendar and place it on the Calendar for tomorrow, Thursday, April 6, for further 
consideration upon its passage. The Chair rules Amendment No. 3 out of order. 
The motion of Senator Simpson to place the Committee Substitute bill, as 
amended, on the Calendar for tomorrow prevails (40-4). 

Senator Kincaid offers a motion the Committee Substitute bill, as amended, be 
taken from the Calendar for Thursday, April 6, and placed on the Calendar for 
Monday, April 10, for further consideration upon third reading, which motions 
prevail with unanimous consent. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, 
Lieutenant Governor Wicker, who presides. 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, upon third reading. 

On motion of Senator Allran, consideration of the Committee Substitute bill is 
postponed until Tuesday, April 11. 



WITHDRAWAL FROM CALENDAR 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 
merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny, as amended, upon third reading, placed on the Calendar for 
Monday, April 10, earlier today. 

Senator Soles offers a motion the Committee Substitute bill, as amended, be 
taken from the Calendar for Monday, April 10, and placed on the Calendar for 
Wednesday, April 12, for further consideration upon third reading, which motions 
prevail with unanimous consent. 



CALENDAR (Continued) 

S.B. 167, a bill to allow counties not to bill for certain property taxes when the 
amount due on the tax bill is less than the cost of preparing and sending the bill, 
for concurrence in the House Committee Substitute bill which changes the title, 
upon concurrence, to read S.B. 167 (House Committee Substitute), a bill to allow 
counties not to bill for property taxes on certain vehicles when the amount due on 
the tax bill is less than the cost of preparing and sending the bill. 

The Chair holds the House Committee Substitute bill not a material amendment 
and rules it does not require a call of the roll. 



April 5, 1995 



286 SENATE JOURNAL [Session 

The Senate concurs in the House Committee Substitute bill (44-0) and the 
measure is ordered enrolled. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 453, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program, with a favorable report. 

S.B. 321, a bill authorizing the State Board of Education to adopt eligibility 
rules for interscholastic athletic competition, with a favorable report. 

REMOVAL OF SPONSOR 

S.B. 468, a bill to provide that the board of commissioners of any county having 
a county manager may assume direct control of any activities theretofore 
conducted by or through any commission, board, or agency appointed by the 
county commissioners or acting under and pursuant to authority of the board of 
county commissioners. 

Senator Carpenter requests to remove his endorsement, which request is granted 
with unanimous consent. 

APPOINTMENT BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read, as follows: 

STATE OF NORTH CAROLINA 

Office of the Governor 

Raleigh 27603-8001 

April 4, 1995 

The Honorable Marc Basnight 
Senate President Pro Tempore 
2007 Legislative Building 
Raleigh, NC 27601 

Dear Mr. President Pro Tern: 

Pursuant to General Statute 115C-10-11, 1 hereby appoint Lowell Thomas as a 
member of the North Carolina State Board of Education and submit his name for 
confirmation by the North Carolina General Assembly. 

Mr. Thomas will replace Howard Haworth as the Region Seven representative. 
He will serve a term to begin immediately and to expire March 31, 2003. 



April 5, 1995 



1995] SENATE JOURNAL 287 

Biographical information on Mr. Thomas is enclosed. Please feel free to contact 
him if you need additional information. 



My warmest personal regards. 



Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Education/Higher Education Committee. 

EXECUTIVE ORDER 

An Executive Order received (See Appendix) is presented to the Senate, read, 
and referred to committee, as follows: 

Executive Order Number 76, North Carolina Motor Carrier Advisory 
Committee. 
Referred to Rules and Operation of the Senate Committee. 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to Chapter 769, Sec. 25.34(b) of the 1993 Session Laws, The North 
Carolina Department of Human Resources submits its report - Providing 
Subsidized Day Care for More Eligible Children in North Carolina. 

On motion of Senator Soles, seconded by Senator Kerr, the Senate adjourns at 
4:31 P.M. to meet tomorrow, Thursday, April 6, at 3:00 P.M. 



FORTY-SECOND DAY 

Senate Chamber, 
Thursday, April 6, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Lord our God, in the very important matters debated by the Senate today, 
sharpen our vision and adjust our focus, otherwise we might mistake small things 
for great; otherwise we might confuse the temporary with the eternal; otherwise we 
might believe that faith is just a matter of having all the right answers. 

"Be Thou Present to make this a productive and holy time, transforming what 
may seem purely secular to be truly Your Kingdom's Business. Amen." 



April 6, 1995 



288 SENATE JOURNAL [Session 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Sawyer due to illness; and to 
Senator Cooper trying a case in Halifax County. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 5, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Culley C. 
Carson of Chapel Hill, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 167 (House Committee Substitute), an act to allow counties not to bill for 
property taxes on certain vehicles when the amount due on the tax bill is less than 
the cost of preparing and sending the bill. (Ch. 24) 

S.B. 286, an act to require laboratories to perform composite testing of water 
samples as part of the laboratory certification program in an effort to reduce costs 
of water tests. (Ch. 25) 

S.B. 333 (Committee Substitute), an act to authorize the addition of Run Hill 
State Natural Area to the State Parks System. (Ch. 26) 

H.B. 161 (Senate Committee Substitute), an act to provide the public with access 
to low-cost telecommunications service in a changing competitive environment. 
(Ch. 27) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles, Vice Chairman, for the Judiciary I/Constitution Committee: 

S.B. 416, a bill to revise the provision of the Juvenile Code governing the 
authority of medical professionals to conform to the revised definition of abuse, 
with a favorable report. 

S.B. 223 (Committee Substitute), a bill to authorize criminal record checks of 
public school employees, with an unfavorable report as to Committee Substitute 
bill as rewritten by Judiciary I/Constitution Committee, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Soles, the rules are suspended, and the proposed 
Committee Substitute bill No. 2, 8583, is placed before the Senate for immediate 
consideration and on his further motion is adopted. 



April 6, 1995 



1995] SENATE JOURNAL 289 

On motion of Senator Soles, the Committee Substitute bill No. 2 is placed on 
the Calendar for Monday, April 10, for further consideration. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 145 (Committee Substitute), a bill to revise and consolidate the Charter of 
the City of Roanoke Rapids, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Conder, Plyler, and Kincaid: 

S.B. 593, a bill to allow alternative investments of irrevocable preneed funeral 
contract funds. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Cooper and Hartsell: 

S.B. 594, a bill to repeal the sunset for the mediation program for the Industrial 
Commission. 
Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Martin of Guilford, Warren, Winner, Gulley, Dannelly, 
Hoyle, and Martin of Pitt: 

S.B. 595, a bill to establish certification for persons performing lead abatement. 

Referred to Children and Human Resources Committee, and upon a favorable 
report, re-referred to Finance Committee. 

By Senator Kerr: 

S.B. 596, a bill to appropriate funds for a forestry geneticist position at North 
Carolina State University, College of Forest Resources. 
Referred to Appropriations Committee. 

By Senators Kerr and Hoyle: 

S.B. 597, a bill to provide that a defendant who is convicted of a drug trafficking 
conspiracy is not eligible for intermediate sanctions under the structured sentencing 
act. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Plyler and Conder: 

S.B. 598, a bill to enact local legislation for Scotland County. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler and Conder: 

S.B. 599, a bill pertaining to the County of Scotland. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler and Conder: 

S.B. 600, a bill to provide staggered four-year terms for members of the Stanly 
County Board of Commissioners. 
Referred to Local Government and Regional Affairs Committee. 



April 6, 1995 



290 SENATE JOURNAL [Session 

By Senators Foxx (by request) and Horton: 

S.B. 601, a bill to allow absentee voting conducted by the Blowing Rock 
Municipal Board of Elections. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Foxx and Martin of Pitt: 

S.B. 602, a bill to incorporate the Town of Foscoe-Grandfather. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to Finance Committee. 

By Senator Soles: 

S.B. 603, a bill to clarify and make uniform the laws regarding the sale and 
distribution of tobacco products to persons less than eighteen years old. 
Referred to Judiciary I/Constitution Committee. 

By Senator McDaniel: 

S.B. 604, a bill to allow the Forsyth County Jail to house juveniles on a separate 
floor. 
Referred to Judiciary I/Constitution Committee. 

By Senator McDaniel: 

S.B. 605, a bill to provide that the City of Winston-Salem may regulate the 
possession of open containers of alcoholic beverages on public property. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Sherron: 

S.B. 606, a bill to provide for the creation of facility authorities and to establish 
the Centennial Authority. 
Referred to Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 413 (Committee Substitute), a bill to amend the definition of "licensable 
facility" in the mental health law. 
Referred to Children and Human Resources Committee. 

H.B. 591, a bill to change the manner of election of the Stokes County Board of 
Education to nonpartisan election at the time of the general election, and to pro- 
vide that each election, two persons shall be elected for four-year terms and one 
person shall be elected to a two-year term. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 598, a bill to revise Pender County Commissioner Districts. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 



April 6, 1995 



1995] SENATE JOURNAL 291 

S.B. 384, a bill relating to pyrotechnics in the City of Winston-Salem. 

With unanimous consent, the bill is taken up out of its regular order of business 
and on motion of Senator McDaniel, consideration of the bill upon its passage is 
postponed until Tuesday, April 11. 

S.B. 375, a bill to enlarge the membership of the Stanly County Economic 
Development Commission. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

H.B. 115 (Senate Committee Substitute), a bill to modify the appointment of the 
Halifax ABC Board and to provide that distribution of revenue shall be according 
to General Statute. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

H.B. 188, a bill to extend to the City of Lumberton provisions of a local act 
which provide that service in housing code cases is sufficient when a regular letter 
is sent out along with a registered or certified letter, and the regular letter is not 
returned, but the registered or certified mail is unclaimed or refused. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 211, a bill amending the Charter of the City of Greensboro to authorize 
the City Council to require owners of rental property within the City to authorize 
an agent to accept service of process. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 313, a bill to amend the Charter of the City of Mount Airy to change from 
partisan to nonpartisan the method of electing the Mayor and Board of Commis- 
sioners. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 317, a bill relating to elections of the City of Winston-Salem and the 
County of Forsyth so that the general law will apply on sharing of costs of the 
County Board of Elections. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted, chang- 
ing the title, upon concurrence, to read H.B. 373, a bill to prohibit the running of 
deer by dogs in the Town of Southern Shores and to prohibit the taking of deer 
with dogs in a portion of Richmond County. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1. 



April 6, 1995 



292 SENATE JOURNAL [Session 

S.B. 321, a bill authorizing the State Board of Education to adopt eligibility 
rules for interscholastic athletic competition. 

The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 344 (Committee Substitute), a bill to establish the requirements for certifi- 
cation to teach notary courses, to allow revocation of notarial commissions for 
notaries who fail to administer oaths or affirmations, to provide that applicants for 
recommissioning need not obtain the recommendation of a publicly elected official, 
and to allow the Secretary of State law enforcement agents to enforce the notary 
Chapter. 

The Committee Substitute bill passes its second reading (44-2). 

Senator Odom objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for Monday, April 10, for 
further consideration upon third reading. 

S.B. 430, a bill to modify the investment authority of a bank under the banking 
laws. 

The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 453, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program. 

The bill passes its second (44-2) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 482, a bill to make certain miscellaneous amendments to the banking laws. 
The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 344 (Committee Substitute), a bill to establish the requirements for certifi- 
cation to teach notary courses, to allow revocation of notarial commissions for 
notaries who fail to administer oaths or affirmations, to provide that applicants for 
recommissioning need not obtain the recommendation of a publicly elected official, 
and to allow the Secretary of State law enforcement agents to enforce the notary 
Chapter, placed earlier today on the Calendar for Monday, April 10, upon third 
reading. 

With unanimous consent, Senator Odom withdraws his objection to third 
reading, the Senate reconsiders and the bill is taken from the Calendar for 
Monday, April 10, and placed before the Senate for further consideration upon 
third reading. 

The bill passes its third reading (44-1) and is ordered sent to the House of 
Representatives. 

RECONSIDERATION 

S.B. 453, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program, which passed its third reading earlier today. 

Senator Lucas offers a motion that the vote by which the bill passed its third 
reading be reconsidered, which motion prevails, and the question reverts to passage 
of the measure upon third reading. 



April 6, 1995 



1995] SENATE JOURNAL 293 

On motion of Senator Lucas, without objection, the bill is placed on the 
Calendar for Monday, April 10, for further consideration upon third reading. 

CALENDAR (Continued) 

H.B. 2 (Senate Committee Substitute), a bill to reduce income taxes for the 
lower and middle-income people of North Carolina by increasing the personal 
exemption deduction by five hundred dollars and by allowing a tax credit of sixty 
dollars per dependent child. 

Senator Webster offers Amendment No. 1 which proposes to rewrite the Senate 
Committee Substitute bill in its entirety and change the title to read H.B. 2 
(Senate Committee Substitute), a bill to reduce income taxes for the working 
people of North Carolina by increasing the personal exemption deduction by five 
hundred dollars and by allowing a tax credit of fifty dollars per dependent child. 

Following lengthy debate, Amendment No. 1 fails of adoption (21-25). 

Senator Cochrane rises to a point of order as to a fiscal note attached to the 
Senate Committee Substitute bill. 

The Chair rules the jacket contains no fiscal note and upon motion of Senator 
Kerr, the Senate Committee Substitute bill is temporarily displaced. 

The Chair declares the voting equipment inoperative. 

S.B. 399 (Committee Substitute), a bill to amend the definition of podiatry, upon 
third reading. 

The Committee Substitute bill passes its third reading and is ordered sent to the 
House of Representatives. 

Senator Odom requests to be recorded voting "no." 

COMMITTEE REFERRAL 

S.B. 573, a bill to enhance the role of optometrists in medical cost containment 
through revision of the hospital privileges law, to repeal the requirement for an 
optometrist to collaborate with a physician in the use or prescription of certain 
pharmaceutical agents, to establish peer review for optometrists, and to establish 
an optometrist privilege, ordered held for referral to committee in the Principal 
Clerk's Office on April 4. 

Senator Rand offers a motion to the end the bill be recalled from the Principal 
Clerk's Office and referred to the Commerce Committee, which motion prevails 
with unanimous consent. 

The Chair recalls the bill from the Office of the Principal Clerk and refers the 
measure to the Commerce Committee. 

CALENDAR (Continued) 

S.B. 415, a bill to provide for the merger of banks and savings institutions, upon 
third reading. 

The bill passes its third reading and is ordered sent to the House of Representa- 
tives. 

REPORT OF COMMITTEE 



A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 



April 6, 1995 



294 SENATE JOURNAL [Session 

By Senator Gulley for the Judiciary Il/Election Laws Committee: 

S.B. 30, a bill to authorize the Secretary of Correction to enter long-term con- 
tracts for the confinement of State prisoners in county facilities, with a favorable 
report. 

S.B. 31, a bill to allow for the contracting of private prisons, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 1622 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Gulley, the Committee Substitute bill is placed on the 
Calendar for Monday, April 10, for further consideration. 

S.B. 156, a bill to provide that firefighters and emergency medical service per- 
sonnel may possess or carry weapons on school grounds when discharging their 
official duties, with a favorable report, as amended. 

REMOVAL OF ENDORSEMENT 

S.B. 468, a bill to provide that the board of commissioners of any county having 
a county manager may assume direct control of any activities theretofore con- 
ducted by or through any commission, board, or agency appointed by the county 
commissioners or acting under and pursuant to authority of the board of county 
commissioners. 

Senator Kincaid requests to remove his endorsement, which request is granted 
with unanimous consent. 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(See Addendum) which are ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to Chapter 761 (Sec. 120) of the 1983 Session Laws, the North Carolina 
Department of Environment, Health and Natural Resources submits its Report on 
the Forest Development Program. 

CALENDAR (Continued) 
The Chair announces the voting equipment is operative. 

H.B. 2 (Senate Committee Substitute), a bill to reduce income taxes for the 
lower and middle-income people of North Carolina by increasing the personal 
exemption deduction by five hundred dollars and by allowing a tax credit of sixty 
dollars per dependent child, temporarily displaced earlier. 

Senator Kerr submits a fiscal note to the Senate Committee Substitute bill. 

The Senate Committee Substitute bill passes its second (43-1) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 



April 6, 1995 



1995] SENATE JOURNAL 295 

On motion of Senator Basnight, seconded by Senator Albertson, the Senate 
adjourns at 4:48 P.M. to meet Monday, April 10, at 7:00 P.M. 



FORTY-THIRD DAY 

Senate Chamber, 
Monday, April 10, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend J. Clyde Plexico, Jr. of Westminster 
Presbyterian Church in Asheville, the father of Senator Clark Plexico, as follows: 

"Our Father, as we stand in Your Presence with great awe and adoration for 
Your creative and sustaining Power, we bow in humility as we think of those who 
serve this Senate and this State, with a Senator's courage. So we are aware of 
You, O God, and of those who have served before us in this place. Grant the 
Senators who sit here today the courage to stand up for their convictions and for 
those things they know to be right. Help them to receive from You and from 
those who went before them the power of right thinking and the strength of good 
governing. This prayer we pray in the full assurance that You do hear and answer 
prayer. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Sawyer due to illness; to Senator Smith due to hospitalization; to Senator 
Simpson for personal reasons; and to Senator Edwards. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written (45-0). 

The President of the Senate extends courtesies of the floor to Dr. Paul E. 
Casinelli of Fayetteville, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 207, an act to modify the bond requirements for public utilities providing 
water or sewer services as recommended by the Joint Legislative Utility Review 
Committee. (Ch. 28) 

H.B. 188, an act to extend to the City of Lumberton provisions of a local act 
which provide that service in housing code cases is sufficient when a regular letter 
is sent out along with a registered or certified letter, and the regular letter is not 
returned, but the registered or certified mail is unclaimed or refused. (Ch. 29) 



April 10, 1995 



296 SENATE JOURNAL [Session 

H.B. 313, an act to amend the Charter of the City of Mount Airy to change 
from partisan to nonpartisan the method of electing the Mayor and Board of 
Commissioners. (Ch. 30) 

H.B. 317, an act relating to elections of the City of Winston-Salem and the 
County of Forsyth so that the general law will apply on sharing of costs of the 
County Board of Elections. (Ch. 31) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Warren, Conder, Edwards, Parnell, Martin of Pitt, Carpenter, Lucas, 
Gulley, Martin of Guilford, Sherron, Shaw, Carrington, Speed, Simpson, Horton, 
Clark, McKoy, Ledbetter, Jordan, Plexico, East, Hoyle, and Dannelly: 

S.B. 607, a bill to require the University of North Carolina and North Carolina 
State University to play East Carolina University in football. 

Referred to Education/Higher Education Committee. 

By Senators Perdue and Shaw: 

S.B. 608, a bill to create the North Carolina Progress Board. 
Referred to Commerce Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Rand: 

S.B. 609, a bill relating to the City of Fayetteville. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S.B. 610, a bill to redefine service for purposes of longevity pay for public 
defenders. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 611, a bill relating to the City of Fayetteville. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Sherron: 

S.B. 612, a bill to provide that the time for compliance for sprinkler systems 
shall be twelve years rather than five years. 
Referred to Commerce Committee. 

By Senator Rand: 

S.B. 613, a bill relating to the City of Fayetteville. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 614, a bill to abolish the Public Defender's Office in District 3A. 
The measure is ordered held in the Office of the Principal Clerk pending refer- 
ral to committee pursuant to Rule 43. 



April 10, 1995 



1995] SENATE JOURNAL 297 

By Senators Forrester, Hoyle, and Odom: 

S.B. 615, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to provide vaccine for immunizing children against chicken 
pox. 

Referred to Appropriations Committee. 

By Senator Shaw: 

S.B. 616, a bill to make it a felony to maim, to seriously injure, or to kill a 
law-enforcement animal. 
Referred to Judiciary I/Constitution Committee. 

By Senators Ballantine, Carrington, Shaw, Ledbetter, McKoy, Clark, Foxx, 
Forrester, Webster, and Carpenter: 
S.B. 617, a bill to extend the right of trial by jury to annexation actions. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Allran: 

S.B. 618, a bill relating to the employment preference given by Catawba County 
to veterans who apply for County employment. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Lucas, Edwards, Gulley, and Jordan: 

S.B. 619, a bill to appropriate funds for facilities for Head Start programs. 

Referred to Appropriations Committee. 

By Senators Lucas, Gulley, Jordan, and Edwards: 

S.B. 620, a bill to appropriate funds for Head Start wrap-around programs. 

Referred to Appropriations Committee. 

By Senators Lucas, Ballance, Gulley, and Jordan: 

S.B. 621, a bill to appropriate funds to Durham Community Home of Recovery 
Incorporated to fund a substance abuse half-way house for adult women in 
Durham County. 

Referred to Appropriations Committee. 

By Senators Lucas, Edwards, Gulley, and Jordan: 

S.B. 622, a bill to appropriate funds to the Department of Correction to 
provide for the housing of inmates in a substance abuse half-way house for adult 
males. 

Referred to Appropriations Committee. 

By Senator Jordan: 

S.B. 623, a bill to appropriate funds to support local mosquito control districts 
and other units of local government engaged in mosquito control. 
Referred to Appropriations Committee. 

By Senators Ballance and Sherron: 

S.B. 624, a bill to provide for a binding referendum on the establishment of a 
North Carolina State Lottery Commission. 
Referred to Finance Committee. 



April 10, 1995 



298 SENATE JOURNAL [Session 

By Senators Ballantine, Kerr, Carrington, Blackmon, Clark, Shaw, Foxx, McKoy, 
Ledbetter, McDaniel, Kincaid, Forrester, Little, East, Davis, Webster, Carpenter, 
Hartsell, Allran, Simpson, Cochrane, Page, Sherron, Albertson, Odom, and Conder: 

S.B. 625, a bill to provide that a person who sells, manufactures, delivers, 
transports, or possesses ten pounds or more of marijuana is guilty of trafficking in 
marijuana. 

Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

S.B. 265, a bill to establish a season for hunting foxes with firearms and bow and 
arrow in Caldwell County, for concurrence in the House Committee Substitute bill, 
which changes the title, upon concurrence to read S.B. 265 (House Committee 
Substitute), a bill to add Caldwell County to the areas covered by the statewide fox 
management plan, which is placed on the Calendar for tomorrow, Tuesday, 
April 11, for concurrence. 

H.B. 15, a bill to establish State policy regarding the construction of prisons. 
Referred to Judiciary U/Election Laws Committee. 

H.B. 81, a bill to require mandatory active jail sentences for persons convicted 
of driving while impaired with blood alcohol levels of more than fifteen hundredths 
percent. 

Referred to Judiciary I/Constitution Committee. 

H.B. 239 (Committee Substitute), a bill to allow Currituck and Union Counties 
to acquire property for use by the County Board of Education. 
Referred to Judicial U/Election Laws Committee. 

H.B. 353 (Committee Substitute), a bill to implement the recommendations of 
the Governor's Task Force on Driving While Impaired. 
Referred to Judiciary I/Constitution Committee. 

H.B. 383, a bill clarifying that the Dare County Board of Commissioners levy 
taxes on behalf of the Duck Area Beautification District, which is a special district 
established under Article VII of the Constitution, not a special tax area. 

Referred to Finance Committee. 

H.B. 464, a bill to remove from the corporate limits of the Town of Hope Mills 
a described territory. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 493, a bill to repeal a local act modifying the vote required for private sale 
of property by the City of Greensboro for public purposes. 
Referred to Local Government and Regional Affairs Committee. 



April 10, 1995 



1995] SENATE JOURNAL 299 

H.B. 517, a bill to amend the law prohibiting the discharge of firearms on 
registered land in Vance County by providing for registration at any time and by 
eliminating the requirement that registration be renewed annually. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 519, a bill to allow the trapping and killing of red wolves by owners of 
private land in Beaufort County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 592, a bill to amend the law prohibiting the discharge of firearms on 
registered land in Granville County by providing for registration at any time, by 
eliminating the requirement that registration be renewed annually, and by 
providing that a registrant must furnish the posted notices required to comply with 
the law. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to Finance Committee. 

H.B. 647, a bill to allow recall of the Mayor and Board of Commissioners of the 
Town of Aberdeen. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 145 (Committee Substitute), a bill to revise and consolidate the Charter of 
the City of Roanoke Rapids, upon second reading. 

With unanimous consent, on motion of Senator Ballance, consideration of the 
bill is postponed until Tuesday, April 11. 

S.B. 31 (Committee Substitute), a bill to allow for the contracting of private 
prisons. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business and, on motion of Senator Parnell, the Committee 
Substitute bill is re-referred to the Appropriations Committee. 

S.B. 30, a bill to authorize the Secretary of Correction to enter long-term con- 
tracts for the confinement of State prisoners in county facilities. 

With unanimous consent, on motion of Senator Odom, the bill is re-referred to 
the Appropriations Committee. 

Upon the appearance of Senator Sawyer in the Chamber, the Chair acknowledges 
his presence and the leave of absence granted previously is withdrawn. 

S.B. 156, a bill to provide that firefighters and emergency medical service 
personnel may possess or carry weapons on school grounds when discharging their 
official duties. 

With unanimous consent, on motion of Senator Perdue, consideration of the bill 
is postponed until Tuesday, April 11. 



April 10, 1995 



300 SENATE JOURNAL [Session 

S.B. 416, a bill to revise the provision of the Juvenile Code governing the 
authority of medical professionals to conform to the revised definition of abuse. 

The bill passes its second (47-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 223 (Committee Substitute No. 2), a bill to authorize criminal record checks 
of public school employees, upon third reading. 

The Chair rules the Committee Substitute bill No. 2, as written by the 
Judiciary I/Constitution Committee, a substitute amendment for pending 
Amendment No. 1 offered to the measure upon third reading on March 15, and, 
consequently, the measure is before the Senate upon third reading. 

The Committee Substitute bill No. 2 passes its third reading (47-0) and is 
ordered sent to the House of Representatives. 

S.B. 453, a bill to make changes in the Prospective Teachers Scholarship Loan 
Program, upon third reading. 

Senator Lucas offers Amendment No. 1 which is adopted (46-0). 

The bill, as amended, passes its third reading (46-0) and is ordered engrossed 
and sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting a 
joint resolution which is read the first time and disposed of, as follows: 

H J.R. 501, a joint resolution honoring the life and memory of the late James 
Marshall Hall, former member of the General Assembly. 

On motion of Senator East, without objection, the rules are suspended to the 
end the joint resolution is placed before the Senate for immediate consideration. 

With unanimous consent, on motion of Senator East, the joint resolution and the 
remarks of members honoring and memorializing the life and memory of The 
Honorable James Marshall Hall are spread upon the Journal, as follows: 

House Joint Resolution 501, a joint resolution honoring the life and the memory 
of the late James Marshall Hall, former member of the General Assembly. 

Whereas, James Marshall Hall was born in King on August 6, 1922, one of 
three children of Raleigh R Hall and Hattie Fowler Hall; and 

Whereas, James Marshall Hall graduated from King High School in 1940; 
and 

Whereas, James Marshall Hall was a veteran of the United States Army, 
serving his country during World War II from 1942 to 1946; and 

Whereas, James Marshall Hall had several vocations; he engaged in farm- 
ing, served as an insurance agent for 18 years, and worked for the Division of 
Motor Vehicles for seven years; and 

Whereas, James Marshall Hall married Melba Covington Hall on January 
24, 1946, and they had three children, Barry, Bruce, and Emily Hall; and 

Whereas, James Marshall Hall devoted 38 years of his life to little league 
baseball, enriching the lives of many young children in his community; and 

Whereas, for a number of years, James Marshall Hall served as President 
of King Little League Baseball, as President of the North Carolina Little League 



April 10, 1995 



1995] SENATE JOURNAL 301 

Baseball Association, as a member of the Southern Region Tournament Advisory 
Board for Little League Baseball, and as District Administrator of Little League 
Baseball, Inc.; and 

Whereas, James Marshall Hall was active in the American Legion and was 
a member of the King Lions Club, of which he served as treasurer from 1968 to 
1972; and 

Whereas, James Marshall Hall was an active member of the Republican 
Party; and 

Whereas, James Marshall Hall represented Stokes County with distinction 
as a member of the House of Representatives during the 1973 and 1985 Sessions 
of the General Assembly; and 

Whereas, James Marshall Hall was a member of the Mount Olive Baptist 
Church in King; and 

Whereas, James Marshall Hall will be remembered by all who knew him as 
a loving and devoted family man; and 

Whereas, James Marshall Hall died on July 7, 1994; and 

Whereas, James Marshall Hall is survived by his children, Barry Hall, Bruce 
Hall, and Emily Southern, four grandchildren, and one great-grandchild; 
Now, therefore, be it resolved by the House of Representatives, the Senate 
concurring: 

Section 1. The General Assembly honors the life and memory of its for- 
mer member, James Marshall Hall, and expresses its gratitude for his service to the 
people of North Carolina. 

Sec. 2. The General Assembly expresses its deep sorrow to the family and 
friends of James Marshall Hall for the loss of a beloved father, grandfather, and 
a true friend. 

Sec. 3. The Secretary of State shall transmit a certified copy of this resolu- 
tion to the family of James Marshall Hall. 

Sec. 4. This resolution is effective upon ratification. 

By Senator East: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate. Mr. James 
Marshall Hall served his country well. He served his community well, and he 
served his State well by his service in the North Carolina House. Mr. Hall was 
well loved by the youth of his area. He was active in Little League baseball. He 
was the President of the North Carolina Little League Baseball Association, and as 
a member of the Southern Region Tournament Advisory Board for Little League 
Baseball, and as Director — I'm sorry, and as District Administrator of the Little 
League Baseball, Inc. Mr. Hall died within the past year. We all miss Mr. Hall, 
and hope you'll support this resolution." 

By Senator Cochrane: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, I had the 
opportunity of serving with Marshall Hall in the House. A little, quiet man and 
seldom one to speak on the floor and occasionally in committee. I think that 
those of us who served with him in the House and certainly the constituency that 
he represented knew the philosophy that permeated all of his votes, and that he 
was always there on behalf of that constituency from the mountains that sent him 
to Raleigh. He was not a person of any special interest group except the people 
of those counties he represented. He will be missed and the kind of straight- 



April 10, 1995 



302 SENATE JOURNAL [Session 

arrow individual that he was all of his days is certainly a vanishing breed in our 
country." 

By Senator Foxx: 

"Thank you, Mr. President. I would like to say that I had the privilege of 
having Marshall Hall serve as my Representative, and also had the privilege of 
working with him last spring in the primary. And I want to say Senator Cochrane 
and Senator East have both said very positive things about Marshall and I certainly 
agree with them. I'd like to reiterate, particularly, what Senator Cochrane said — 
that he had no particular constituency; he served the people because of the plea- 
sure of serving them and he very much wanted to come back here last year and 
serve again. And I think that we should honor his memory in this way. Thank 
you." 

By Senator Conder: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, I knew 
Marshall because we came here in 1985, Senator Basnight, and the thing that 
really impressed me about this kind gentleman was his love of Little League base- 
ball. He continually talked to me about it. In fact, I think we spent a lot of time 
down at the Radisson back in '85. He talked a lot about Little League baseball 
and what it meant to the young people in his District, the young people in the 
State of North Carolina, and to me, he was a real gentleman, was a person that 
did a lot for this State and never sought any credit. He went about his business 
just like a quiet person would do, but he was a wonderful person and I really 
enjoyed knowing him and I certainly commend this resolution, too. Thank you." 

By Senator Basnight: 

"Thank you, Mr. President, and Members of the Senate. I, too, had the oppor- 
tunity to be a part of that Session with Representative Hall, and what a wonderful 
man he was. He served his country during World War II and then he contributed 
to the many children — 38 years working with the youth and the Little League 
Baseball Association, developing their minds and their habits, teaching those very 
traits that all of us should be a part of, the traits of their future life, whatever they 
may be. All of those children were touched by his contributions. Yes, he would 
stop and quickly talk about the youth of tomorrow and the opportunities that they 
had before us and before him, because of his contributions. He was a wonderful 
man. I commend this resolution to each of you." 

The joint resolution passes its second and third readings with members standing. 
The Chair orders the joint resolution enrolled. 

The Chair extends courtesies of the gallery to the friends and family of the late 
James Marshall Hall — Emily and Larry Southern, Barry and Rachel Hall, Bruce 
and Carmel Hall, Peggy Smith, Patrick Tuttle, and Craig Smith. 



PAGES 

The President recognizes the following pages serving in the Senate this week: 

April 10, 1995 



1995] SENATE JOURNAL 303 

Victoria Leigh Bailey, Raleigh; Lee Bush, Charlotte; Jason Paul Caccamo, 
Raleigh; Lindsey Cartee, Cherryville; Michael David Cox, Clemmons; Natalie Lynd 
King, Raleigh; Leigh Anna Kluttz, Cherryville; Justin W. Lee; Raleigh; Nicole 
Michelle Lee, Cary; James Martin, Charlotte; Nathan C. McGhee, Raleigh; 
Rebecca P. Mills, Manteo; Travis Oakley, Willow Springs; Stephanie Joy Pippin, 
Fremont; Jason Polychron, Winston-Salem; Russell Lee Saine, Iron Station; Adam 
Riley Sloan, Statesville; John Alden Smith, Jr., Charlotte; Travis Butler Sowers, 
Burgaw; Nikki Lee Taylor, Franklin; Wendy Marie Wallace, Elizabeth City; and 
Cameron Barnes Wilson, Oriental. 

On motion of Senator Basnight, seconded by Senator Plexico, the Senate 
adjourns at 8:00 P.M. to meet tomorrow, Tuesday, April 11, at 3:00 P.M. 



FORTY-FOURTH DAY 

Senate Chamber, 
Tuesday, April 11, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend J. Clyde Plexico, Jr., of Westminister 
Presbyterian Church in Asheville, father of Senator Clark Plexico, as follows: 

"O God, in our mind's eye we look around us and see abiding in the lives of 
past Senators, the strength of faith — faith in You and faith in other men and 
women. Help these 1995 Senators to feel again the inspiration of this place. 
Create within them faith in You that can conquer mountains and smooth out rough 
ways. 

"May this faith bring about renewed efforts to make this world a better place in 
which to live and to enable them to pass legislation that will remember the 
common man and enhance his presence in the world. This prayer we pray in the 
sure belief in a God of Power and Compassion. Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith due to hospitalization. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, April 10, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Carl Haynes 
of Kinston, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and it is 
duly ratified and sent to the Office of the Secretary of State: 



April 11, 1995 



304 SENATE JOURNAL [Session 

H.J.R. 501, a joint resolution honoring the life and memory of the late James 
Marshall Hall, former member of the General Assembly. (Res. 5) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Parnell for the Commerce Committee: 

S.B. 412, a bill to modify the law concerning the federal preemption of State 
usury laws, with a favorable report. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 342, a bill to improve insurance company financial matters by adopting 
standards for assumption reinsurance, material transactions, and property and casu- 
alty insurer capital, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the proposed Com- 
mittee Substitute bill 8593 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the 
Calendar for Wednesday, April 12, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Edwards and Rand: 

S.B. 626, a bill relating to Cumberland County. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Edwards and Rand: 

S.B. 627, a bill relating to Cumberland County. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Edwards and Rand: 

S.B. 628, a bill relating to the City of Fayetteville. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Edwards: 

S.B. 629, a bill relating to Cumberland County. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Edwards: 

S.B. 630, a bill relating to Cumberland County. 

Referred to Rules and Operation of the Senate Committee. 



April 11, 1995 



1995] SENATE JOURNAL 305 

By Senators Allran, Winner, Dannelly, Albertson, Hoyle, Martin of Pitt, Webster, 
Hartsell, Cochrane, McDaniel, Foxx, and Forrester: 

S.B. 631, a bill to allow taxpayers to contribute to the Highway Wildflower Fund 
when they file their State income tax returns. 

Referred to Finance Committee. 

By Senator Allran: 

S.B. 632, a bill to amend the vital records law. 

Referred to Judiciary I/Constitution Committee. 

By Senator Perdue: 

S.B. 633, a bill to appropriate funds for the extension of the Beaver Damage 
Control Pilot Program and to provide for participation in the program by Carteret, 
Craven, and Pamlico Counties. 

Referred to Appropriations Committee. 

By Senators Gulley and Lucas: 

S.B. 634, a bill to permit the reallocation of the Highway Trust Fund urban loop 
funds to other transportation improvement program projects and public transporta- 
tion. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senator McKoy: 

S.B. 635, a bill to exempt the Wake County Public School System from certain 
statutory requirements in some school construction contracts. 
Referred to Education/Higher Education Committee. 

By Senator Plexico: 

S.B. 636, a bill to modify the distribution of profits from the ABC system in the 
City of Hendersonville. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 637, a bill relating to the Twenty-Ninth Senatorial District. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Plexico: 

S.B. 638, a bill relating to the Twenty-Ninth Senatorial District. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Plexico: 

S.B. 639, a bill to allow the City of Hendersonville to donate unclaimed bicycles 
to charity. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Ledbetter and Clark: 

S.B. 640, a bill changing the election of members of the McDowell County 
Board of Education from May to November. 
Referred to Local Government and Regional Affairs Committee. 



April 11, 1995 



306 SENATE JOURNAL [Session 

By Senators Plyler, Perdue, Plexico, Conder, Odom, Rand, Hobbs, Winner, and 
Jordan: 

S.B. 641, a bill to increase the Adult Developmental Activity Program (ADAP) 
reimbursement rate to seventy percent of total cost, and to appropriate funds. 

Referred to Appropriations Committee. 

By Senators Lucas, Jordan, and Dannelly: 

S.B. 642, a bill to update the fee structure of the North Carolina Board for 
Social Work. 
Referred to Finance Committee. 

By Senators Odom, Hobbs, Conder, Plyler, Sherron, Parnell, and Blackmon: 
S.B. 643, a bill to provide for prior notice of sewer system moratoria to the 
affected unit of government and to the public. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Odom: 

S.B. 644, a bill to appropriate funds for the expansion of Summit House services. 

Referred to Appropriations Committee. 

By Senators Winner, Gulley, Dannelly, Albertson, Conder, Hartsell, Allran, 
Plexico, Blackmon, Simpson, and Odom: 

S.B. 645, a bill to appropriate funds to provide services to Limited English 
Proficiency (LEP) students. 

Referred to Appropriations Committee. 

By Senators Kerr, Conder, Webster, Davis, East, Forrester, Little, Warren, 
Hoyle, Martin of Pitt, Albertson, Dannelly, Speed, and Rand: 

S.B. 646, a bill to establish a Workers' Compensation Fund for volunteer fire, 
rescue, and EMS workers. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Albertson, Speed, Warren, Martin of Pitt, Kerr, Ballance, Dannelly, 
Lucas, Edwards, and Rand: 

S.B. 647, a bill to appropriate funds to the Department of Cultural Resources 
for the National Military History Museum. 

Referred to Appropriations Committee. 

By Senators Albertson, Martin of Pitt, Warren, Kerr, Soles, Speed, Rand, Lucas, 
Ballance, Edwards, Jordan, and Cooper: 

S.B. 648, a bill to appropriate funds to the Department of Commerce, Division 
of Travel and Tourism, to fund the Eastern North Carolina Tour. 

Referred to Appropriations Committee. 

By Senators Albertson, Kerr, Dannelly, Martin of Pitt, Speed, Warren, Parnell, 
and Soles: 

S.B. 649, a bill to authorize sweet potato assessments to be paid by producers of 
sweet potatoes. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 



April 11, 1995 



1995] SENATE JOURNAL 307 

By Senators Lucas and Dannelly: 

S.B. 650, a bill to appropriate funds for Head Start Parent-Child Development 
Centers. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 651, a bill to require the permanent identification of a dead body. 

Referred to Children and Human Resources Committee. 

By Senator Rand: 

S.B. 652, a bill to make changes to the General Statutes pertaining to small 
employer health care coverage. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Forrester, Lucas, Little, and Cochrane: 

S.B. 653, a bill to make technical and other changes to the Medical Practice Act. 

Referred to Children and Human Resources Committee. 

By Senators Ledbetter and Clark: 

S.B. 654, a bill authorizing a one-step service process in specified housing code 
cases in the City of Asheville. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Rand, Soles, Perdue, Davis, Little, Hoyle, Plyler, and Hobbs: 
S.B. 655, a bill to provide that a defendant who is convicted of a drug trafficking 
conspiracy is not eligible for intermediate sanctions under the Structured Sentenc- 
ing Act and to provide that a person who sells, manufactures, delivers, transports, 
or possesses ten pounds or more of marijuana is guilty of trafficking in marijuana. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Winner, Odom, Dannelly, and Blackmon: 

S.B. 656, a bill to provide districts for the Charlotte-Mecklenburg Board of 
Education and the Board of Commissioners of Mecklenburg County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Sherron: 

S.B. 657, a bill to allow the Building Code Council to adopt alternative safety 
systems for buildings built prior to 1953 and to reappoint the members of the 
Building Code Council. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Ballance: 

S.B. 658, a bill to appropriate funds to the completion of an equipment shed for 
forestry equipment in Warren County. 
Referred to Appropriations Committee. 

By Senators Hartsell and Plexico: 

S.B. 659, a bill to ensure fairness to teacher assistants in kindergarten through 
third grade. 
Referred to Education/Higher Education Committee. 



April 11, 1995 



308 SENATE JOURNAL [Session 

By Senators Allran, Winner, Hoyle, Martin of Pitt, and Carpenter: 
S.B. 660, a bill to provide for the administrative revocation of the drivers license 
of a person aged eighteen through twenty for having a blood alcohol level of 0.02 
or greater as recommended by the Child Fatality Task Force. 
Referred to Judiciary I/Constitution Committee. 

By Senators Conder and Plyler: 

S.B. 661, a bill relating to the Montgomery County Board of Commissioners. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder and Plyler: 

S.B. 662, a bill relating to the Richmond County Board of Commissioners. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Jordan and Soles: 

S.B. 663, a bill making a qualified exception for the City of Wilmington and New 
Hanover County from the Public Records Act for certain geographical information 
systems. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S.B. 664, a bill to revise and consolidate the Charter of the Town of Plymouth. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Hoyle and Perdue: 

S.B. 665, a bill to exempt school buses from highway use tax. 

Referred to Finance Committee. 

By Senators Martin of Guilford and Shaw: 
S.B. 666, a bill to incorporate the Town of Sedalia. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bill and 
a resolution which are read the first time and disposed of, as follows: 

H.B. 248 (Committee Substitute), a bill to clarify that Union County and Colum- 
bus County may assess a fire protection fee on certain mobile homes. 
Referred to Local Government and Regional Affairs Committee. 

HJ.R. 535, a joint resolution honoring the veterans of North Carolina who 
served during World War II. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 



April 11, 1995 



1995] SENATE JOURNAL 309 

H.B. 145 (Committee Substitute), a bill to revise and consolidate the Charter of 
the City of Roanoke Rapids, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, 
ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, April 12, for further consideration, upon third reading. 

S.B. 384, a bill relating to pyrotechnics in the City of Winston-Salem. 
The bill passes its second (49-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 156, a bill to provide that firefighters and emergency medical service per- 
sonnel may possess or carry weapons on school grounds when discharging their 
official duties. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted, chang- 
ing the title to read S.B. 156, a bill to provide that firefighters, emergency medical 
service personnel and North Carolina forest service personnel may possess or carry 
weapons on school grounds when discharging their official duties. 

The bill, as amended, passes its second reading (49-0). 

With unanimous consent, the bill, as amended, remains before the Senate for 
consideration upon third reading. 

Senator Dannelly offers a motion that further consideration of the bill, as 
amended, be postponed until Wednesday, April 12, which motion prevails. 

The Chair orders the bill, as amended, placed on the Calendar for tomorrow, 
April 12, upon third reading. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, upon third reading. 

With unanimous consent, on motion of Senator Hartsell, consideration of the bill 
is postponed until Thursday, April 13. 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, upon third reading. 

Senator Allran offers Amendment No. 1, which rewrites the Committee Substi- 
tute bill in its entirety, and which proposes to change the title to read S.B. 287 
(Committee Substitute), a bill to create offenses of statutory rape and statutory 
sexual offense against victims who are thirteen, fourteen, or fifteen years old. 

Following debate, Senator Horton rises to a point of order as to Amendment 
No. 1 constituting a material amendment of the measure. 

The Chair rules Amendment No. 1 germane and holds it to be material. 

Following further debate, on motion of Senator Allran, the Committee Substitute 
bill, with Amendment No. 1 pending, is recommitted to the Judiciary 1/ 
Constitution Committee (33-15). 



April 11, 1995 



310 SENATE JOURNAL [Session 

S.B. 265, a bill to establish a season for hunting foxes with firearms and bow and 
arrow in Caldwell County, for concurrence in the House Committee Substitute bill, 
which changes the title, upon concurrence, to read S.B. 265 (House Committee 
Substitute), a bill to add Caldwell County to the areas covered by the statewide fox 
management plan, and changes the measure from a public bill to a local bill. 

The Chair rules the House Committee Substitute bill a local bill. 

The Senate concurs in the House Committee Substitute bill (47-0) and the 
measure is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Hobbs, the Senate 
adjourns at 4:19 P.M. to meet tomorrow, Wednesday, April 12, at 3:00 P.M. 



FORTY-FIFTH DAY 

Senate Chamber, 
Wednesday, April 12, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

A prayer of Eric Milner- White is offered by the Reverend Mike Morris, Senate 
Chaplain, as follows: 

"Dear Lord, allow us never to think that we have knowledge enough to need no 
teaching, wisdom enough to need no correction, talents enough to need no grace 
or strength sufficient without Your Spirit; otherwise standing still we may fall back 
for evermore. Be our Guide today, O God, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization, and to Senator Odom due to a family 
emergency. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 11, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written (46-0). 

The Chair extends courtesies of the floor to Robert Morgan, former Senator from 
Harnett County, former North Carolina Attorney General, and former United States 
Senator. 

The Chair orders the remarks of Senator Basnight to a point of personal 
privilege spread upon the Journal, as follows: 

"Members of this Chamber, today is, would have been, the seventy-third 
birthday of Senator Mary Seymour, were she still with us. As we all realize and 
understand what the future holds for all of us, we hopefully will join her one day. 



April 12, 1995 



1995] SENATE JOURNAL 311 

She was a special member, a special purpose of which she envisioned of why she 
served. With us today, and if I may suspend the rules to the end, Mr. President, 
and give privileges of the floor to her husband and a very special friend to all of 
us, Hubert. He's in the back as he always has beer in the past. Welcome, and we 
miss her as much today as always. Thank you." 

The President of the Senate extends courtesies of the floor to Dr. Dawn Brezina 
of Greenville, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 265 (House Committee Substitute), an act to add Caldwell County to the 
areas covered by the statewide fox management plan. (Ch. 32) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 579, a bill to authorize the Cleveland County Board of Education to dispose 
of certain property at private sale, with a favorable report. 

S.B. 568, a bill to provide that the Davie County Board of Education shall take 
office on the first Monday in July following their election, with a favorable report. 

S.B. 540, a bill to provide for election of all the members of the Rockingham 
City Council for four-year terms, with a favorable report. 

S.B. 535, a bill to establish the appointive office of Tax Collector for Buncombe 
County and the City of Asheville upon the expiration of the term of the present 
elected Tax Collector and to authorize the joint or separate appointment of a Tax 
Collector for the County and City, with a favorable report. 

S.B. 524, a bill making sundry amendments concerning local governments in 
Orange County, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 427, a bill to provide staggered terms for the Momeyer Town Council, with 
a favorable report. 

S.B. 339, a bill to grant added powers to the Stanly Airport Authority related to 
constructing an industrial park, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 



April 12, 1995 



312 SENATE JOURNAL [Session 

H.B. 374 (Committee Substitute), a bill to amend the extension of bear hunting 
season in Pasquotank and Camden Counties and to include Chowan County in that 
extension of the season, with a favorable report. 

H.B. 372 (Committee Substitute), a bill to provide that the Madison County 
Board of Education shall take office in July of the year of their election, with a 
favorable report. 

H.B. 345, a bill to authorize the Town of Yaupon Beach to create a sea turtle 
sanctuary, with a favorable report. 

H.B. 128 (Committee Substitute), a bill to permit the City of Henderson and the 
City of Asheville to use wheel locks on certain illegally parked vehicles, with a 
favorable report. 

H.B. 214, a bill to revise and consolidate the Charter of the Town of Tarboro, 
with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

H.B. 103 (Committee Substitute), a bill to strengthen the insurance fraud law, 
with a favorable report. 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 38, a bill to amend the campaign-reporting laws to require more disclosure 
about contributors and to add a report around Labor Day for certain candidates; 
and to eliminate the extra contribution limit period for the second primary for 
candidates who are not on the ballot in the second primary, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 8601, which changes the title to read S.B. 38 
(Committee Substitute), a bill to amend the campaign-reporting laws to add a 
report around Labor Day for certain candidates and to eliminate the extra 
contribution limit period for the second primary for candidates who are not on the 
ballot in the second primary, is placed before the Senate for immediate 
consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, April 13, for further consideration. 

S.B. 53, a bill to require the registration of persons convicted of certain criminal 
sexual offenses, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 1630 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Gulley, the Committee Substitute bill is placed on the 
Calendar for Thursday, April 13, for further consideration. 



April 12, 1995 



1995] SENATE JOURNAL 313 

S.B. 488, a bill to allow the Business Information Office to assist the public with 
certain licensing procedures of the Department of Motor Vehicles, with a favorable 
report. 

By Senator Rand for the Rules and Operation of the Senate Committee: 

SJ.R. 538, a joint resolution providing for a joint session of the General 
Assembly to consider action on the appointments by the Governor of new 
members to the State Board of Education, with a favorable report. 

SJ.R. 539, a joint resolution providing for confirmation of the appointments of 
Kathy A. Taft and Jane Norwood to membership on the State Board of Education, 
with a favorable report. 

Pursuant to Rule 43, the joint resolution is re-referred to the Education/Higher 
Education Committee. 

S.B. 575, a bill to increase the membership of the Legislative Ethics Committee, 
to designate committee cochairs from each legislative chamber, and to make con- 
forming changes, with a favorable report. 

H.B. 401, a bill to retain certified law enforcement officers for the State 
Museum of Art, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Plyler and Conder: 

S.B. 667, a bill to appropriate funds to the Department of Crime Control and 
Public Safety for an increase in the Federal Operation and Maintenance 
Agreement to support the North Carolina Air Guard complex at Stanly County 
Airport. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 668, a bill to remove the sunset from the statute permitting private contract 
participation by the Department of Transportation. 
Referred to Transportation Committee. 

By Senators Plyler, Conder, Rand, Odom, Perdue, and Hobbs: 
S.B. 669, a bill to provide funds to the National Guard for the repair and 
maintenance of armories and for the educational assistance program. 
Referred to Appropriations Committee. 

By Senators Plexico, Forrester, Cooper, Jordan, Hobbs, and Odom: 
S.B. 670, a bill to appropriate funds for the University of North Carolina School 
of Medicine's Statewide Infection Control Program. 
Referred to Appropriations Committee. 



April 12, 1995 



314 SENATE JOURNAL [Session 

By Senator Gulley: 

S.B. 671, a bill to authorize Durham County to increase its occupancy tax from 
five percent to six percent. 
Referred to Finance Committee. 

By Senators Gulley and Lucas: 

S.B. 672, a bill to appropriate funds for a capital project at the North Carolina 
Museum of Life and Science. 
Referred to Appropriations Committee. 

By Senators Smith, Cochrane, and Hartsell: 

S.B. 673, a bill relating to Rowan County and to cities and school administrative 
units located wholly or partly in Rowan County. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Smith, Cochrane, and Hartsell: 

S.B. 674, a bill relating to Rowan County and to cities and school administrative 
units located wholly or partly in Rowan County. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Simpson: 

S.B. 675, a bill to revise the statutes governing the Morganton-Lenoir Airport 
Authority. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Sherron, Hobbs, Martin of Pitt, Jordan, Winner, Rand, and McKoy: 
S.B. 676, a bill to appropriate funds to encourage the development of the inter- 
active visual technologies industry in the State. 
Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 72, a bill to criminalize indecent liberties between children. 
Referred to Judiciary I/Constitution Committee. 

H.B. 311 (Committee Substitute), a bill to make use of a counterfeit trademark 
a crime in North Carolina. 
Referred to Judiciary I/Constitution Committee. 

H.B. 554, a bill to provide for flags to signal the presence of skiers and other 
persons in the water. 
Referred to Transportation Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 



April 12, 1995 



1995] SENATE JOURNAL 315 

H.B. 145 (Committee Substitute), a bill to revise and consolidate the Charter of 
the City of Roanoke Rapids, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McKoy, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

S.B. 342 (Committee Substitute), a bill to improve insurance company financial 
matters by adopting standards for assumption reinsurance, material transactions, 
and property and casualty insurer capital. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 412, a bill to modify the law concerning the federal preemption of State 
usury laws. 

The bill passes its second reading (45-1). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Thursday, 
April 13, for further consideration upon third reading. 

S.B. 156, a bill to provide that firefighters, emergency medical service personnel 
and North Carolina forest service personnel may possess or carry weapons 
on school grounds when discharging their official duties, as amended, upon third 
reading. 

Senator Martin of Guilford offers Amendment No. 2. 

With unanimous consent, on motion of Senator Martin of Guilford, the Chair 
orders the bill, as amended, temporarily displaced with Amendment No. 2 pending. 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 
merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny, as amended, upon third reading. 

Senator Soles offers a motion the rules be suspended to the end he may offer a 
motion to reconsider the vote by which Amendment No. 2 was adopted on April 4. 

Senator Kincaid offers a substitute motion that further consideration of the 
Committee Substitute bill, as amended, be postponed until Thursday, April 13. 

Upon motion of Senator Soles, the Chair orders the Committee Substitute bill, 
as amended, temporarily displaced, with the substitute motion to postpone further 
consideration pending. 

WITHDRAWAL FROM CALENDAR 

S.B. 412, a bill to modify the law concerning the federal preemption of State 
usury laws, placed on the Calendar for Thursday, April 13, upon third reading, 
earlier today. 



April 12, 1995 



316 SENATE JOURNAL [Session 

Senator Horton offers a motion the bill be taken from the Calendar for 
Thursday, April 13, and placed before the Senate for further consideration upon 
third reading, which motions prevail with unanimous consent. 

With unanimous consent, the Senate reconsiders its previous action and places it 
before the Senate for further consideration upon third reading. 

The bill passes its third reading (47-0) and is ordered sent to the House of 
Representatives. 

CALENDAR (Continued) 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 
merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny, as amended, upon third reading, temporarily displaced earlier, 
with a substitute motion to postpone further consideration pending. 

Senator Kincaid withdraws his substitute motion, offered earlier, to postpone 
further consideration of the measure until Thursday, April 13. 

Senator Hoyle offers a substitute motion the Committee Substitute bill, as 
amended, be removed from today's Calendar and recommitted to the Judiciary 
I/Constitution Committee, which motion fails to prevail (18-26). 

The question reverts to the motion of Senator Soles that the rules be suspended 
to the end a motion to reconsider the vote by which Amendment No. 2 was 
adopted may be offered, which motion fails to prevail (28-17) for lack of a two- 
thirds majority. 

Senator Hoyle offers a motion the Committee Substitute bill, as amended, be 
taken from today's Calendar and recommitted to the Judiciary I/Constitution 
Committee. 

Senator Soles rises to a point of order as to the question before the Senate. 
The Chair rules, with intervening action, the motion of Senator Hoyle to recommit 
the measure to the Judiciary I/Constitution Committee properly before the 
Senate. 

The motion prevails and the Chair orders the Committee Substitute bill, as 
amended, recommitted to the Judiciary I/Constitution Committee. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 182 (Committee Substitute), a bill to provide that if a candidate died 
before the primary election, the estate of the candidate shall be entitled to a 
refund of the filing fee, as written by the Judiciary II/Election Laws Committee, 
with a favorable report. 



April 12, 1995 



1995] SENATE JOURNAL 317 

S.B. 496, a bill to allow local governments to forgo collection of ad valorem tax 
bills when the original principal amount due is under five dollars, with a favorable 
report, as amended. 

S.B. 507, a bill to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 
sewer lines to property located outside of the city limits when requested by the 
Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted, as amended by the Local Government and 
Regional Affairs Committee, with a favorable report. 

S.B. 580, a bill to amend the Charter of the City of Albemarle concerning 
assessments for street improvements, with a favorable report. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of 
transporter plates, to allow owners of salvage vehicles to retain title to the vehicles, 
and to exempt out-of-State utility vehicles that are used in certain emergency 
operations from the vehicle registration and road tax requirements, with a 
favorable report, as amended. 

CALENDAR (Continued) 

S.B. 156, a bill to provide that firefighters, emergency medical service personnel 
and North Carolina forest service personnel may possess or carry weapons on 
school grounds when discharging their official duties, as amended, upon third read- 
ing, temporarily displaced earlier, with Amendment No. 2 pending. 

With unanimous consent, Senator Martin of Guilford withdraws Amendment 
No. 2 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

Senator Martin of Guilford offers Amendment No. 3. 

Following debate, Senator Perdue offers a motion the bill, as amended, with 
pending Amendment No. 3, be removed from today's Calendar and recommitted 
to the Judiciary II/Election Laws Committee, which motion prevails. 

The Chair orders the bill, as amended, upon third reading, recommitted to the 
Judiciary II/Election Laws Committee with Amendment No. 3 pending. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 115 House of Representatives 

(Senate Committee Substitute) April 12, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute to HB 115, A 



April 12, 1995 



318 SENATE JOURNAL [Session 

BILL TO BE ENTITLED AN ACT TO MODIFY THE APPOINTMENT OF 
THE HALIFAX ABC BOARD AND TO PROVIDE THAT DISTRIBUTION OF 
REVENUE SHALL BE ACCORDING TO GENERAL STATUTE, the Speaker 
has appointed as conferees on the part of the House, 

Representative Locke, 
Representative Crawford, and 
Representative Wilkins 

to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to N.C.G.S. 130A-124, the North Carolina Department of 
Environment, Health and Natural Resources submits its Fifth Annual Report - 
North Carolina Adolescent Pregnancy Prevention Program. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 115 (Senate Committee Substitute), a bill to modify the appointment of the 
Halifax ABC Board and to provide that distribution of revenue shall be according 
to General Statute, with a message the House of Representatives fails to concur in 
the Senate Committee Substitute bill received earlier today requesting conferees. 

Senator Ballance offers a motion the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senator Ballance, Chairman, and Senators 
Jordan and Cooper, as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action. 

Senator Rand offers a motion to suspend Rule 40.1(a) to allow drafts of local 
bills, No. 2598, No. 9597, and No. 2565 received in the Office of the Principal 
Clerk after the filing deadline, filed for introduction, which motion prevails. 

On motion of Senator Basnight, seconded by Senator Cochrane, the Senate 
adjourns in memory of Mary Seymour, former Senator from Guilford County, at 
4:37 P.M., to meet tomorrow, Thursday, April 13, at 12:00 P.M. 



April 12, 1995 



1995] SENATE JOURNAL 319 

FORTY-SIXTH DAY 

Senate Chamber, 
Thursday, April 13, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, though what goes on in this Senate Chamber is of great 
importance, we are keenly aware that our hearts and minds are drawn more 
earnestly this week to Your Story, Dear Lord, the Story of Faith, for it is Holy 
Week. 

"From the Jewish celebration of Passover and how You rescued the Chosen 
People of Israel from bondage and slavery, to the Christian church's celebration of 
Easter — God becoming man, living among us, dying then living again — it is the 
powerful and miraculous story of truth that never dies, the miracle of doubt 
turning into faith, of fear turning into hope. 

"God help us reflect the power of that story and the Love that You have so 
graciously bestowed upon us. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization, and to Senator Webster. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 12, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. E. S. Douglas 
of Greenville, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 152, an act to provide that the Department of Transportation shall pay for 
the nonbetterment relocation of sanitary district utilities. (Ch. 33) 

H.B. 145 (Committee Substitute), an act to revise and consolidate the Charter of 
the City of Roanoke Rapids. (Ch. 34) 

H.B. 211, an act amending the Charter of the City of Greensboro to authorize 
the City Council to require owners of rental property within the City to authorize 
an agent to accept service of process. (Ch. 35) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



April 13, 1995 



320 SENATE JOURNAL [Session 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 433, a bill to authorize the City of Charlotte to submit proposals and 
receive contracts for construction and repair work not to exceed two hundred 
thousand dollars, with a favorable report, as amended. 

S.B. 527, a bill to provide for a referendum on the repeal of the Charter of the 
Town of Sandyfield, with a favorable report, as amended. 

H.B. 146, a bill to allow the City of Lumberton to enact ordinances regulating 
the towing of motor vehicles that have been abandoned and are not covered by 
financial responsibility, with a favorable report, as amended. 

H.B. 330 (Committee Substitute), a bill to authorize the City of Winston-Salem, 
the City of Gastonia, and the City of Fayetteville to require owners of rental 
property in those Cities to authorize an agent to accept service of process, and to 
clarify the authority of the Cities of Durham and Asheville to do the same, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed Senate 
Committee Substitute bill 9103, which changes the title, upon concurrence, to read 
H.B. 330 (Senate Committee Substitute), a bill to authorize the City of Winston- 
Salem and the City of Gastonia to require owners of rental property in those 
Cities to authorize an agent to accept service of process, and to clarify the author- 
ity of the Cities of Durham and Asheville to do the same, is placed before the 
Senate for immediate consideration and on his further motion is adopted. 

On motion of Senator Jordan, the Senate Committee Substitute bill is placed on 
the Calendar for Monday, April 17, for further consideration. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 353, a bill to make technical amendments and corrections in the insurance 
laws, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 8605 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Parnell for the Commerce Committee: 

S.B. 573, a bill to enhance the role of optometrists in medical cost containment 
through revision of the hospital privileges law, to repeal the requirement for an 
optometrist to collaborate with a physician in the use or prescription of certain 
pharmaceutical agents, to establish peer review for optometrists, and to establish 
an optometrist privilege, with a favorable report. 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 186, a bill to extend the Sentencing Commission, with a favorable report. 



April 13, 1995 



1995] SENATE JOURNAL 321 

S.B. 209, a bill to modify misdemeanor structured sentencing statutes to permit 
an active sentence equal to or less than time served, with a favorable report. 

S.B. 256, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents of a judgment in a civil action, with a favorable 
report. 

S.B. 257, a bill to increase the amount that may be in controversy in district and 
superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration, with a favorable report. 

S.B. 258, a bill to clarify the record-keeping responsibilities of clerks of superior 
court in IV-D child support cases, with a favorable report. 

S.B. 277, a bill to remove the fifty acre limitation on condemning property for 
a school site, with a favorable report. 

S.B. 208, a bill to make technical and clarifying amendments as recommended by 
the Sentencing Commission, with a favorable report, as amended. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 336, a bill to establish an additional superior court judgeship and five 
additional assistant district attorney positions for Mecklenburg County and to 
appropriate funds for the Mecklenburg County Drug Court Program, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 243, a bill to amend the law regarding the power of a personal representa- 
tive to settle claims for wrongful death, as recommended by the General Statutes 
Commission, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 5603 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Cooper, the Committee Substitute bill is placed on the 
Calendar for Monday, April 17, for further consideration. 

S.B. 244, a bill to provide for the summary administration of an estate where a 
surviving spouse is the sole beneficiary of the estate, as recommended by the 
General Statutes Commission, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 5604 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Cooper, the Committee Substitute bill is placed on the 
Calendar for Monday, April 17, for further consideration. 

Senator Rand offers a motion to suspend Rule 7 to the end the introduction of 
bills, petitions, and resolutions be placed as the last order of business today, which 
motion prevails. 



April 13, 1995 



322 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills and 
a resolution which are read the first time and disposed of, as follows: 

H J.R. 124 (Committee Substitute), a joint resolution urging the President of the 
United States and the United States Congress to redeclare the war on illegal drugs 
and honoring the innocent Americans killed in illegal drug-related incidents. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 343, a bill to clarify the law on hunting with dogs in Anson County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 527, a bill to divide Superior Court District 11 into Districts 11A and 11B. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 572, a bill changing the method of election of the Laurinburg City Council. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 604, a bill to authorize the Town of Sunset Beach to regulate and control 
debris and other materials resulting from boating accidents. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 632, a bill to provide that the laws relating to motor vehicles apply within 
the Carolina Trace Community in Lee County. 
Referred to Transportation Committee. 

H.B. 651 (Committee Substitute), a bill to allow the Town of Nags Head to 
regulate noise in the Atlantic Ocean and other waterways adjacent to that portion 
of the Town within its boundaries or within its territorial jurisdiction. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 754, a bill to provide that when a water and sewer authority was formed by 
a county and one city, and the majority of the customers of the authority are 
located within a city that is not a member, that city may join the authority and 
appoint members to its governing board. 

Referred to Finance Committee. 

CALENDAR 

Bills and a resolution on the Calendar are taken up and disposed of, as follows: 

S.B. 507, a bill to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 
sewer lines to property located outside of the city limits when requested by the 
Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, 
as follows: 



April 13, 1995 



1995] SENATE JOURNAL 323 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Speed, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 17, 
for further consideration upon third reading. 

S.B. 580, a bill to amend the Charter of the City of Albemarle concerning 
assessments for street improvements, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, 
Shaw, Sherron, Simpson, Soles, Speed, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered paced on the Calendar for Monday, April 17, for further 
consideration upon third reading. 

H.B. 128 (Committee Substitute), a bill to permit the City of Henderson and the 
City of Asheville to use wheel locks on certain illegally parked vehicles, upon 
second reading. 

On motion of Senator Ballance, the Committee Substitute bill is recommitted to 
the Local Government and Regional Affairs Committee. 

S.B. 427, a bill to provide staggered terms for the Momeyer Town Council. 
The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 535, a bill to establish the appointive office of Tax Collector for Buncombe 
County and the City of Asheville upon the expiration of the term of the present 
elected Tax Collector and to authorize the joint or separate appointment of a Tax 
Collector for the County and City. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 540, a bill to provide for election of all the members of the Rockingham 
City Council for four-year terms. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 568, a bill to provide that the Davie County Board of Education shall take 
office on the first Monday in July following their election. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 



April 13, 1995 



324 SENATE JOURNAL [Session 

S.B. 579, a bill to authorize the Cleveland County Board of Education to dispose 
of certain property at private sale. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

H.B. 345, a bill to authorize the Town of Yaupon Beach to create a sea turtle 
sanctuary. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 372 (Committee Substitute), a bill to provide that the Madison County 
Board of Education shall take office in July of the year of their election. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 374 (Committee Substitute), a bill to amend the extension of bear hunting 
season in Pasquotank and Camden Counties and to include Chowan County in that 
extension of the season. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

S.B. 53 (Committee Substitute), a bill to require the registration of persons 
convicted of certain criminal sexual offenses. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business and on motion of Senator Odom, consideration of the 
Committee Substitute bill is postponed until Tuesday, April 18. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of trans- 
porter plates, to allow owners of salvage vehicles to retain title to the vehicles, and 
to exempt out-of-State utility vehicles that are used in certain emergency opera- 
tions from the vehicle registration and road tax requirements, upon second reading. 

On motion of Senator Kerr, consideration of the Committee Substitute bill is 
postponed until Tuesday, April 18. 

S.B. 38 (Committee Substitute), a bill to amend the campaign-reporting laws to 
add a report around Labor Day for certain candidates and to eliminate the extra 
contribution limit period for the second primary for candidates who are not on the 
ballot in the second primary. 

The Committee Substitute bill passes its second (43-1) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 182 (Committee Substitute), a bill to provide that if a candidate died before 
the primary election, the estate of the candidate shall be entitled to a refund of 
the filing fee. 

The Committee Substitute bill passes its second (39-7) and third readings. 

The voting equipment fails prior to the retention and printing of the recorded 
vote. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 488, a bill to allow the Business Information Office to assist the public with 
certain licensing procedures of the Department of Motor Vehicles. 

The bill passes its second (37-9) and third readings and is ordered sent to the 
House of Representatives. 



April 13, 1995 



1995] SENATE JOURNAL 325 

S.B. 496, a bill to allow local governments to forgo collection of ad valorem tax 
bills when the original principal amount due is under five dollars. 

On motion of Senator Kerr, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

SJ.R. 538, a joint resolution providing for a joint session of the General 
Assembly to consider action on the appointments by the Governor of new mem- 
bers to the State Board of Education. 

The joint resolution passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 575, a bill to increase the membership of the Legislative Ethics Committee, 
to designate committee cochairs from each legislative chamber, and to make con- 
forming changes. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

H.B. 103 (Committee Substitute), a bill to strengthen the insurance fraud law. 

The Committee Substitute bill passes its second reading (47-0). 

Senator Winner objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for Monday, 
April 17, for further consideration upon third reading. 

H.B. 401, a bill to retain certified law enforcement officers for the State 
Museum of Art. 
The bill passes its second (46-1) and third readings and is ordered enrolled. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, upon third reading. 

Senator Horton offers Amendment No. 1 which is adopted (46-0). 

Senator Horton offers Amendment No. 2 which the Chair rules a perfecting 
amendment to Amendment No. 1. Consequently, Senator Horton withdraws 
Amendment No. 2 and offers a motion to reconsider the vote by which Amend- 
ment No. 1 was adopted, which motion prevails and the question reverts to the 
adoption of Amendment No. 1. 

With Amendment No. 1 before the Body, Senator Horton resubmits Amendment 
No. 2 perfecting Amendment No. 1. \ 

Senator Hartsell offers a motion the bill with Amendments No. 2 and No. 1 
pending be removed from today's Calendar and placed on the Calendar for Tues- 
day, April 18, for further consideration upon third reading, which motion prevails. 

The Chair orders the bill with Amendments No. 2 and No. 1 pending placed on 
the Calendar for Tuesday, April 18, for further consideration upon third reading. 

INTRODUCTION OF BILLS 

Pursuant to the motion of Senator Rand prevailing earlier today, bills filed for 
introduction are presented to the Senate, read the first time, and disposed of, as 
follows: 



April 13, 1995 



326 SENATE JOURNAL [Session 

By Senator Soles: 

S.B. 677, a bill permitting the Board of Trustees of Southeastern Community 
College to grant security interests to federal agencies. 
Referred to Education/Higher Education Committee. 

By Senator Soles: 

S.B. 678, a bill to set the insurance regulatory charge for calendar year 1995; to 
require insurers to pay NAIC filing fees; to allow the Commissioner to accept 
exam reports from unaccredited states; to allow money credited to the Consumer 
Protection Fund to be used to retain experts for hearings; and to require money 
recovered from delinquency proceedings or civil actions against the Commissioner 
be credited to the Fund. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Soles: 

S.B. 679, a bill to validate certain actions of water and sewer districts. 

Referred to Judiciary I/Constitution Committee. 

By Senators Sherron, Conder, Hobbs, and McKoy: 

S.B. 680, a bill to appropriate funds for the completion of North Carolina State 
University's Centennial Center. 
Referred to Appropriations Committee. 

By Senators Shaw and Martin of Guilford: 

S.B. 681, a bill to modify the purposes for which Greensboro may use the 
proceeds of its local occupancy tax. 
Referred to Finance Committee. 

By Senators Gulley, Allran, and Lucas: 

S.B. 682, a bill to provide for the appointment of standby guardians. 

Referred to Judiciary II/EIection Laws Committee. 

By Senator Ballance: 

S.B. 683, a bill to provide for the election of superior court judges by judicial 
district, and to increase the number of district court districts, so as to increase 
compliance with Sections 2 and 5 of the Voting Rights Act of 1965 and to enable 
settlement of litigation. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Lucas and Gulley: 

S.B. 684, a bill amending the Charter of Durham to authorize the making of 
emergency repairs to nonresidential buildings. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Lucas and Gulley: 

S.B. 685, a bill to allow the City of Durham to require certain actions of its 
transportation authority to be by supermajority. 
Referred to Local Government and Regional Affairs Committee. 



April 13, 1995 



1995] SENATE JOURNAL 327 

By Senators Warren, Rand, and Gulley: 

S.B. 686, a bill to clarify the voting authority of members of the State Banking 
Commission. 
Referred to Commerce Committee. 

By Senators Warren, Albertson, Martin of Guilford, Edwards, Dannelly, and 
Rand: 
S.B. 687, a bill to provide for improvement permits for sewage disposal systems. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Warren, Martin of Guilford, Perdue, Kerr, McDaniel, Sherron, 
Hobbs, McKoy, Albertson, Dannelly, Rand, and Gulley: 

S.B. 688, a bill establishing annual salary increases for eligible State employees 
subject to the State Personnel Act through full implementation of the 
comprehensive compensation system and providing for the appropriation of funds 
for implementation of the system for the 1995-96 fiscal year and annually there- 
after. 

Referred to Appropriations Committee. 

By Senators Rand, Perdue, Cooper, Soles, Simpson, Martin of Guilford, Warren, 
Speed, Hoyle, Martin of Pitt, Albertson, Gulley, Dannelly, Winner, Parnell, 
Sherron, Lucas, Kincaid, McDaniel, Carrington, Ballantine, Blackmon, Shaw, 
Edwards, Page, Ballance, Foxx, Cochrane, Hartsell, Forrester, Little, Allran, East, 
Davis, Webster, Carpenter, Conder, Plyler, Kerr, Hobbs, Jordan, Plexico, Odom, 
Clark, McKoy, Ledbetter, Sawyer, and Horton: 

S.B. 689, a bill to provide for special registration plates for supporters of the 
Olympic Games. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Rand: 

S.B. 690, a bill to repeal the privilege license tax on installment paper dealers. 

Referred to Finance Committee. 

By Senator Rand: 

S.B. 691, a bill to appoint persons to various public offices upon the recommen- 
dation of the President Pro Tempore of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S.B. 692, a bill to appoint persons to various public offices upon the recommen- 
dation of the President of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Kerr: 

S.B. 693, a bill to make technical amendments to improve the administration of 
the property tax on motor vehicles. 
Referred to Finance Committee. 

By Senator Kerr: 

S.B. 694, a bill to amend the law regarding the Goldsboro Firemen's Supple- 
mental Pension Fund. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



April 13, 1995 



328 SENATE JOURNAL [Session 

By Senators Albertson, Ballantine, Foxx, Hoyle, Martin of Pitt, Winner, Rand, 
Kincaid, Soles, Speed, Dannelly, Kerr, Forrester, Carrington, Simpson, Cochrane, 
Little, East, Lucas, Davis, Webster, Perdue, and Cooper: 

S.B. 695, a bill to create the Blue Ribbon Study Commission on Agriculture 
Waste. 

Referred to Appropriations Committee. 

By Senators Ballantine, Davis, McDaniel, Kincaid, Carrington, Foxx, Forrester, 
East, Carpenter, Hartsell, Page, and Simpson: 

S.B. 696, a bill to provide that local governments may regulate the possession of 
alcoholic beverages on property owned by that local government. 

Referred to Judiciary I/Constitution Committee. 

By Senator Ballantine: 

S.B. 697, a bill to provide that the City of Wilmington, and the Town of Kure 
Beach, the Town of Carolina Beach, and the Town of Atlantic Beach may regulate 
the possession of open containers of alcoholic beverages on public property. 

Referred to Judiciary I/Constitution Committee. 

By Senators Parnell and Ballance: 

S.B. 698, a bill to appropriate funds to the Department of Justice for grants to 
local governments to establish a minimum annual salary for local law enforcement 
officers. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 699, a bill to allow the Town of Red Springs to sell at private sale a parcel 
of property donated to the Town. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S.B. 700, a bill to permit patients to select professional licensed counselors as 
mental health providers under health insurance policies, and to limit the exemption 
for licensure of counselors. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Perdue: 

S.B. 701, a bill to prohibit the State Board of Education from adopting or 
enforcing any rule that requires Algebra I as a graduation standard or as a require- 
ment for a high school diploma for students who are identified as learning disabled 
in the area of mathematics, and to direct the State Board of Education to suspend 
the application of this rule to these students. 

Referred to Education/Higher Education Committee. 

By Senator Perdue: 

S.B. 702, a bill to exclude from income tax certain gains from investments in 
qualified North Carolina businesses. 
Referred to Finance Committee. 



April 13, 1995 



1995] SENATE JOURNAL 329 

By Senators Foxx, Carrington, Blackmon, Shaw, Clark, Ledbetter, Lucas, 
Ballance, Sherron, Jordan, McDaniel, Forrester, Cochrane, Little, Warren, Conder, 
Gulley, Simpson, Ballantine, Page, Edwards, Martin of Pitt, Kerr, Davis, Hartsell, 
Carpenter, Webster, Horton, McKoy, Allran, and Odom: 

S.B. 703, a bill to streamline, consolidate, and make more efficient all economic 
development functions in State government. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Little and Hobbs: 

S.B. 704, a bill to redefine the boundaries of the West End Fire Protection 
District in Moore County. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Foxx and East: 

S.B. 705, a bill to transfer Chinqua-Penn Plantation from the University of 
North Carolina to the Department of Cultural Resources. 
Referred to Appropriations Committee. 

By Senator Hartsell: 

S.B. 706, a bill to authorize Cabarrus County to establish an Aid to Families 
with Dependent Children (AFDC) and Food Stamp Workfare Pilot Program and 
an Adjunct Demonstration Program modifying the JOBS program. 

Referred to Children and Human Resources Committee. 

By Senator Hartsell: 

S.B. 707, a bill to amend the law relating to the share of after-born or 
after-adopted children, as recommended by the General Statutes Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Dannelly, Winner, and Blackmon: 

S.B. 708, a bill regarding the procedure for letting public contracts by the City 
of Charlotte. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 709, a bill to validate certain actions of Columbus County Water and Sewer 
District I. 
Referred to Judiciary I/Constitution Committee. 

By Senator Kincaid: 

S.B. 710, a bill to increase the North Carolina Self-Insurance Guaranty Fund 
and to allow a credit against the gross premiums tax for assessments paid by 
self-insurers to the Guaranty Fund. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Lucas and Gulley: 

S.B. 711, a bill authorizing Durham County to accept payments in lieu of 
required street and sidewalk construction. 
Referred to Finance Committee. 



April 13, 1995 



330 SENATE JOURNAL [Session 

By Senators Lucas and Gulley: 

S.B. 712, a bill to authorize the City of Durham and Durham County to apply 
to the Superior Court for compensatory and punitive damages in cases where 
intentional discrimination is found in employment practices and to authorize par- 
ties to elect between having a hearing in Superior Court or before the enforcement 
agency. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Gulley: 

S.B. 713, a bill to permit the County of Durham to collect payment of facilities 
fees in installments. 
Referred to Finance Committee. 

By Senator Gulley: 

S.B. 714, a bill amending the Charter of the City of Durham relating to notifica- 
tion requirements for rezoning annexed property. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S.B. 715, a bill to allow Mecklenburg County to establish police service districts. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Little and Hobbs: 

S.B. 716, a bill concerning election of the Moore County Board of Education. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Little and Hobbs: 

S.B. 717, a bill to require the Moore County Board of Commissioners to 
redistrict their residency districts. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Hobbs: 

S.B. 718, a bill modifying the authority of Chatham County to impose impact 
fees. 
Referred to Finance Committee. 

By Senator Allran: 

S.B. 719, a bill to amend the law regarding the transfer of jurisdiction over a 
juvenile to Superior Court for trial as an adult. 
Referred to Judiciary I/Constitution Committee. 

By Senator Allran: 

S.B. 720, a bill to clarify the emancipation law and to provide for emancipation 
by parents in certain circumstances. 
Referred to Judiciary I/Constitution Committee. 

By Senator Allran: 

S.B. 721, a bill to increase the maximum amount that may be recovered in strict 
liability for damage to person or property by minors. 
Referred to Judiciary I/Constitution Committee. 



April 13, 1995 



1995] SENATE JOURNAL 331 

By Senator Allran: 

S.B. 722, a bill to require the issuance of licenses to qualified individuals 
authorizing the keeping of raccoons as personal pets and amend the public health 
laws to require raccoons kept as pets to be subject to State laws regarding rabies. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Winner, Lucas, Cochrane, Gulley, Rand, and Perdue: 

S.B. 723, a bill to require the registration of telephonic sellers in North Carolina 

and to make the offering of telephone sales recovery services a criminal offense. 
Referred to Commerce Committee and upon a favorable report, re-referred to 

the Finance Committee. 

By Senator Hartsell: 

S.B. 724, a bill to describe circumstances under which an attorney-in-fact may 
make gifts, as recommended by the General Statutes Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Conder and Plyler: 

S.B. 725, a bill to exempt Richmond County from certain restrictions relating to 
the sale of hospital facilities to nonprofit corporations. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Sherron, Carrington, and McKoy: 

S.B. 726, a bill to allow Wake County to acquire property for use by the County 
Board of Education. 
Referred to Finance Committee. 

By Senators Cooper and Ballance: 

S.B. 727, a bill to allow Halifax County to acquire property for use by the 
County Board of Education. 
Referred to Finance Committee. 

On motion of Senator Basnight, seconded by Senator Ballantine, the Senate 
adjourns at 1:29 P.M. to meet Monday, April 17, at 7:00 P.M. 



FORTY-SEVENTH DAY 

Senate Chamber, 
Monday, April 17, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Remarks and prayer are offered by Dr. Jeff Wisdom, Senior Minister of the 
Madison Avenue Baptist Church in Goldsboro, as follows: 

"Thank you very much for the invitation, and good evening. Before our 
Session's evening prayer I would like to thank Senator John Kerr and your Senate 



April 17, 1995 



332 SENATE JOURNAL [Session 

Chaplain, Dr. Mike Morris, for tonight's invitation. And also, before the prayer, 
I've got one short story for you. 

"Two young boys are playing hooky from school when they are found by the 
town's preacher. The preacher, when he finds them, says, 'Boys, what are you 
doing playing hooky from school? Don't you want to go to heaven?' The oldest 
of the boys says, 'No, I don't want to go to heaven.' The preacher says, 'What? 
You mean you don't want to go to heaven when you die?' The boy said, 'Oh, 
yes — when I die. I thought you were getting a group to go right now.' 

"Right now, it's time to pray, and we would invite you to do that right now. 

"Father, our prayer this evening is a simple one. Grant to each of us the 
integrity and wisdom, grace and courage to make the choices required by con- 
science. Help us measure responsibility with grace and matters of practical 
concern with vision. And always, remind us that You are still present and 
available, and that You are as close as a prayer and as personal as repentance. 
Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Smith due to hospitalization; to Senator Hoyle due to business; to Senator 
Webster; and to Senator Edwards. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 13, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Ralph Gertsch 
of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 19, a bill to provide for a school improvement incentive grant program, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner the proposed Committee Substitute bill 7625 is 
placed before the Senate for immediate consideration, and on her further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 7 (Committee Substitute), a bill to restore constitutional powers to the 
State Board of Education and to make conforming and technical changes, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the proposed Senate 
Committee Substitute bill 8160, which changes the title, upon concurrence, to read 
H.B. 7 (Senate Committee Substitute), a bill to clarify the Statutes so as to stream- 
line the operations of the State education agency, is placed before the Senate for 
immediate consideration. 



April 17, 1995 



1995] SENATE JOURNAL 333 

On motion of Senator Winner, the Senate Committee Substitute bill is adopted. 
With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Tuesday, April 18, for further consideration. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 365, an act to provide for the taking of nongame fish with bow and arrow 
under authority of other hunting and fishing licenses. (Ch. 36) 

H.B. 345, an act to authorize the Town of Yaupon Beach to create a sea turtle 
sanctuary. (Ch. 37) 

H.B. 372 (Committee Substitute), an act to provide that the Madison County 
Board of Education shall take office in July of the year of their election. (Ch. 38) 

H.B. 374 (Committee Substitute), an act to amend the extension of bear hunting 
season in Pasquotank and Camden Counties and to include Chowan County in that 
extension of the season. (Ch. 39) 

H.B. 401, an act to retain certified law enforcement officers for the State 
Museum of Art. (Ch. 40) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Plyler, Conder, Plexico, Jordan, Hobbs, Rand, and Perdue: 
S.B. 728, a bill to replace the substance abuse program within the Department 

of Correction with the Division of Alcoholism and Chemical Dependency 

Programs. 
Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 729, a bill to amend the General Statutes relating to civil actions brought 
to recover from third parties State funds expended on medical care. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Kerr: 

S.B. 730, a bill to reenact, with modifications, certain misdemeanors relating to 
fires. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Sherron: 

S.B. 731, a bill to appropriate funds for the State Games of North Carolina. 

Referred to Appropriations Committee. 



April 17, 1995 



334 SENATE JOURNAL [Session 

By Senators Warren, Sherron, Hobbs, McKoy, Kerr, Martin of Guilford, Perdue, 
McDaniel, Hoyle, Dannelly, and Albertson: 

S.B. 732, a bill to remove the monthly ceiling on disability benefits received by 
employees covered under the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Warren, Sherron, Hobbs, McKoy, Kerr, Martin of Guilford, Perdue, 
McDaniel, Hoyle, Dannelly, and Albertson: 

S.B. 733, a bill to restore the provision for purchase of out-of-State service in 
the Local Governmental Employees' Retirement System and the Teachers' and 
State Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Allran, Kincaid, Clark, Ballantine, Hartsell, Sawyer, Horton, 
Ledbetter, Simpson, Cochrane, Page, Carpenter, McKoy, Shaw, Forrester, 
Carrington, McDaniel, Foxx, East, Little, Davis, and Webster: 

S.B. 734, a bill to require the informed consent of a pregnant woman before 
abortion may be performed. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Allran, Clark, Kincaid, Hartsell, Ballantine, Horton, Cochrane, Page, 
Sawyer, Simpson, Plexico, Carpenter, McKoy, Shaw, Blackmon, Carrington, 
McDaniel, Forrester, Foxx, East, Davis, and Webster: 

S.B. 735, a bill to require parental or judicial consent for an unemancipated 
minor's abortion. 

Referred to Judiciary II/EIection Laws Committee. 

By Senator Webster: 

S.B. 736, a bill to amend the law regarding the enforceability of various 
contractual provisions. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Soles: 

S.B. 737, a bill to require that counties pay their local share of public assistance 
program benefits by electronic funds transfer. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Sherron: 

S.B. 738, a bill to appropriate funds for parents as teachers programs. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 739, a bill to appropriate funds for senior centers. 

Referred to Appropriations Committee. 

By Senator Jordan: 

S.B. 740, a bill to appropriate funds to the Housing Finance Agency to provide 
the State matching funds for the federal HOME Program. 
Referred to Appropriations Committee. 



April 17, 1995 



1995] SENATE JOURNAL 335 

By Senators Martin of Guilford and McKoy: 

S.B. 741, a bill to appropriate funds for North Carolina Agricultural and 
Technical State University to Research of Environmental Farming System. 
Referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 742, a bill to authorize the Secretary of the Department of Human 
Resources to investigate the deaths of certain Thomas S. class members. 
Referred to Children and Human Resources Committee. 

By Senators Hoyle and Horton: 

S.B. 743, a bill to provide that the enforcement officers of the Division of Motor 
Vehicles may enforce all laws within the scope of their jurisdiction. 
Referred to Transportation Committee. 

By Senators Odom and Soles: 

S.B. 744, a bill to amend the various grounds for discipline of practitioners of 
chiropractic by the State Board of Chiropractic Examiners. 
Referred to Judiciary I/Constitution Committee. 

By Senator Sherron: 

S.B. 745, a bill to remove the cap on the income tax credit for real property 
donated for conservation purposes. 
Referred to Finance Committee. 

By Senators Plexico, Hoyle, Hobbs, Jordan, Edwards, Warren, Conder, and 
Winner: 
S.B. 746, a bill to appropriate funds for textbooks for the public schools. 
Referred to Appropriations Committee. 

By Senators Hobbs, Plexico, Jordan, Odom, Rand, Martin of Pitt, Warren, 
Martin of Guilford, Blackmon, McKoy, Little, and Hoyle: 

S.B. 747, a bill to appropriate funds to the Division of Travel and Tourism for an 
advertising campaign promoting North Carolina as a travel destination. 

Referred to Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 507, a bill to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 
sewer lines to property located outside of the city limits when requested by the 
Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 



April 17, 1995 



336 SENATE JOURNAL [Session 

Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, 
Sherron, Simpson, Soles, Speed, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended and previously engrossed, is ordered sent to the House of 
Representatives. 

S.B. 580, a bill to amend the Charter of the City of Albemarle concerning 
assessments for street improvements, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, 
Shaw, Sherron, Simpson, Soles, Speed, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 433, a bill to authorize the City of Charlotte to submit proposals and 
receive contracts for construction and repair work not to exceed two hundred 
thousand dollars. 

With unanimous consent, on motion of Senator Winner, consideration of the bill 
is postponed until Thursday, April 20. 

S.B. 527, a bill to provide for a referendum on the repeal of the Charter of the 
Town of Sandyfield. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

H.B. 146, a bill to allow the City of Lumberton to enact ordinances regulating 
the towing of motor vehicles that have been abandoned and are not covered by 
financial responsibility. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 330 (Committee Substitute), a bill to authorize the City of Winston-Salem, 
the City of Gastonia, and the City of Fayetteville to require owners of rental 
property in those Cities to authorize an agent to accept service of process, and to 
clarity the authority of the Cities of Durham and Asheville to do the same, chang- 
ing the title, upon concurrence, to read H.B. 330 (Senate Committee Substitute), 
a bill to authorize the City of Winston-Salem and the City of Gastonia to require 
owners of rental property in those Cities to authorize an agent to accept service of 
process, and to clarify the authority of the Cities of Durham and Asheville to do 
the same. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 



April 17, 1995 



1995] SENATE JOURNAL 337 

S.B. 277, a bill to remove the fifty acre limitation on condemning property for 
a school site, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, 
Shaw, Sherron, Soles, Speed, Warren, and Winner — 45. 

Voting in the negative: Senator Simpson — 1. 

The bill is ordered placed on the Calendar for tomorrow, Tuesday, April 18, for 
further consideration upon third reading. 

S.B. 186, a bill to extend the Sentencing Commission. 
The bill passes its second (45-1) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 208, a bill to make technical and clarifying amendments as recommended by 
the Sentencing Commission. 

With unanimous consent, on motion of Senator Ballance, consideration of the 
bill is postponed until Tuesday, April 18. 

S.B. 209, a bill to modify misdemeanor structured sentencing statutes to permit 
an active sentence equal to or less than time served. 

The bill passes its second (35-11) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 243 (Committee Substitute), a bill to amend the law regarding the power of 
a personal representative to settle claims for wrongful death, as recommended by 
the General Statutes Commission. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 244 (Committee Substitute), a bill to provide for the summary administra- 
tion of an estate where a surviving spouse is the sole beneficiary of the estate, as 
recommended by the General Statutes Commission. 

With unanimous consent, on motion of Senator Hartsell, consideration of the 
Committee Substitute bill is postponed until Tuesday, April 18. 

S.B. 256, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents of a judgment in a civil action. 

The bill passes its second (44-2) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 257, a bill to increase the amount that may be in controversy in district and 
superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration. 

With unanimous consent, on motion of Senator Gulley, the bill is re-referred to 
the Appropriations Committee. 



April 17, 1995 



338 SENATE JOURNAL [Session 

S.B. 258, a bill to clarify the record-keeping responsibilities of clerks of superior 
court in IV-D child support cases. 

The bill passes its second reading (44-2). 

Senator Shaw objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Tuesday, 
April 18, for further consideration upon third reading. 

S.B. 573, a bill to enhance the role of optometrists in medical cost containment 
through revision of the hospital privileges law, to repeal the requirement for an 
optometrist to collaborate with a physician in the use or prescription of certain 
pharmaceutical agents, to establish peer review for optometrists, and to establish 
an optometrist privilege. 

The bill passes its second (40-6) and third readings and is ordered sent to the 
House of Representatives. 

H.B. 103 (Committee Substitute), a bill to strengthen the insurance fraud law, 
upon third reading. 

The Committee Substitute bill passes its third reading (43-0) and is ordered 
enrolled. 

RECONSIDERATION 

S.B. 182 (Committee Substitute), a bill to provide that if a candidate died before 
the primary election, the estate of the candidate shall be entitled to a refund of 
the filing fee, which passed third reading on Thursday, April 13. 

Senator Gulley offers a motion that the vote by which the Committee Substitute 
bill passed its third reading be reconsidered due to voting equipment printer mal- 
function, which motion prevails, and the question reverts to third reading. 

With no further debate, the Committee Substitute bill passes its third reading 
(40-5) and is ordered sent to the House of Representatives. 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to G.S. 113A-164.4, the North Carolina Department of Environment, 
Health and Natural Resources, Division of Parks and Recreation, submits the 
North Carolina Natural Heritage Program 1995 Biennial Report. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Pamela Dare Blizzard, Kenansville; George Edward Carver, Jr., Manteo; 
Marquis Charity, Manteo; Amanda Crumpton, Burlington; John Gray Currin III, 
Gibsonville; Nicole Michelle Fields, Manteo; Matthew S. Fulton, Pleasant Garden; 
Robin Kristen Johnstone, Goldsboro; Paige Kennerly, Fayetteville; Anna Catherine 



April 17, 1995 



1995] SENATE JOURNAL 339 

Lewis, Charlotte; Keri Alaina McCall, Highlands; Mark L. McMurray, Charlotte; 
Nichol Overton, Manteo; Uday Palled, Fayetteville; Stacey Renee Parker, Bessemer 
City; Jennifer Nicole Price, Belmont; Nakia Durand Pledger, Manteo; Tolan 
Caswell Raynor, Belhaven; Hamal Strayhorn, Pollocksville; James Edward Tatum, 
Turkey; Tashia Tillett, Manteo; and Ricardo Vitalis, Pollocksville. 

On motion of Senator Basnight, seconded by Senator Martin of Pitt, the Senate 
adjourns at 8:03 P.M. to meet tomorrow, Tuesday, April 18, at 3:00 P.M. 



FORTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, April 18, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, in the midst of the great activities of this week, may we make a 
space for silence. 

"In the midst of our pragmatic plans and programs may we make a space in our 
lives for You. 

"For only by Your Presence may the deep places in our hearts be touched. Only 
in Your Light do we see who we really are. Be our guide this week, O Lord. 
Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Plyler to attend a funeral; and to 
Senator Edwards. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, April 17, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Kenneth D. 
Call of Greenville, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 259 (Committee Substitute), a bill to establish civil liability for larceny, 
shoplifting, embezzlement, and obtaining property by false pretense and to protect 



April 18, 1995 



340 SENATE JOURNAL [Session 

merchants and peace officers from civil liability for detention or arrest of persons 
accused of larceny, with an unfavorable report as to Committee Substitute bill, as 
amended, having passed second reading on April 4, but favorable as to Committee 
Substitute bill No. 2. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill No. 2, 2604, is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

The Chair rules the amendment rewriting the Committee Substitute bill in its 
entirety, Committee Substitute No. 2, not material and the measure is before the 
Senate upon third reading. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for Wednesday, April 19, for further consideration upon its third reading. 

S.B. 594, a bill to repeal the sunset for the mediation program for the Industrial 
Commission, with a favorable report. 

S.B. 279, a bill to clarify the authority of local boards of education to obtain 
property under the "quick take" procedure available to other local governments, 
with a favorable report. 

By Senator Parnell for the Commerce Committee: 

S.B. 437, a bill to repeal the sunset concerning government construction 
contracts, with a favorable report. 

By Senator Ballance, Vice-Chairman, for Senator Gulley, Chairman, for the 
Judiciary II/Election Laws Committee: 

S.B. 325, a bill to allow the district attorney's designee or a special prosecutor to 
request that an investigative grand jury be convened to consider certain alleged 
violations of the North Carolina Controlled Substances Act, with a favorable 
report. 

S.B. 383, a bill to permit the use of the correction enterprises laundry operation 
in emergency situations and in the event of equipment malfunction or renovation 
at certain hospital laundries, with a favorable report. 

H.B. 71, a bill to provide that fire fighters and emergency medical service 
personnel may possess or carry weapons on school grounds when discharging their 
official duties, with a favorable report, as amended. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station, with a favorable report. 

S.B. 483, a bill to require the inspection of bison meat that is to be used as 
food, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 



April 18, 1995 



1995] SENATE JOURNAL 341 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 9576 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Wednesday, April 19, for further consideration. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 8, an act to repeal the intangibles tax and to reimburse local governments 
for their resulting revenue loss. (Ch. 41) 

H.B. 2 (Senate Committee Substitute), an act to reduce income taxes for the 
lower and middle-income people of North Carolina by increasing the personal 
exemption deduction by five hundred dollars and by allowing a tax credit of sixty 
dollars per dependent child. (Ch. 42) 

H.B. 103 (Committee Substitute), an act to strengthen the insurance fraud law. 
(Ch. 43) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Warren and Martin of Pitt: 

S.B. 748, a bill to clarify the law regarding the East Carolina University School 
of Medicine's use of certain receipts. 
Referred to Appropriations Committee. 

By Senators Hobbs, Kerr, Odom, Plexico, Martin of Pitt, Gulley, Rand, Winner, 
Carrington, East, and Warren: 

S.B. 749, a bill to allow the use of single-prime and separate-prime contracts for 
building construction contracts. 

Referred to Judiciary I/Constitution Committee. 

By Senator Davis: 

S.B. 750, a bill to prohibit the practices of limited voting and extension of terms. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Cooper, Hartsell, Davis, Forrester, Plyler, Allran, Carrington, 
Jordan, Hobbs, Parnell, Edwards, Albertson, Speed, Soles, Conder, Perdue, 
Ballance, Hoyle, Foxx, Plexico, Gulley, Sherron, Little, and Carpenter: 

S.B. 751, a bill to provide that treatment or services rendered by certified fee- 
based practicing pastoral counselors shall be reimbursable under the State Health 
Plan and other health insurance policies under certain circumstances. 

Referred to Pensions & Retirement/Insurance/State Personnel Committee. 



April 18, 1995 



342 SENATE JOURNAL [Session 

By Senators Plexico and Carpenter: 

S.B. 752, a bill to clarify the authority of counties that have protected mountain 
ridges to establish county service districts to provide for certain road needs of the 
district and to allow under certain circumstances the maintenance of public roads 
lying outside the district. 

Referred to Transportation Committee. 

By Senator Martin of Pitt: 

S.B. 753, a bill to appropriate funds to the North Carolina Biotechnology Center 
for the Business Development Program. 
Referred to Appropriations Committee. 

By Senators Rand, Soles, Perdue, and Hobbs: 

S.B. 754, a bill to allow motor vehicle dealers to include in their possessory liens 
amounts for rental of substitute vehicles and to allow lienors who purchase for 
value at a sale to acquire clear title to the same extent as other purchasers. 

Referred to Judiciary XX/Election Laws Committee. 

By Senators Rand, Plyler, and Perdue: 

S.B. 755, a bill to change the designated legislative membership of the 
Committee on Employee Hospital and Medical Benefits. 
Referred to Rules and Operation of the Senate Committee. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 385, a bill to authorize the issuance of twenty-three million nine hundred 
thousand dollars of Community College bonds or notes and to appropriate the 
proceeds of these bonds and notes for specific community college capital projects, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

H.B. 206, a bill to incorporate the Village of Flat Rock, subject to a referendum, 
with a favorable report. 

S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, as 
written by the Commerce Committee, with a favorable report, as amended. 

S.B. 555, a bill to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may access, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings, with a favorable report, as 
amended. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 



April 18, 1995 



1995] SENATE JOURNAL 343 

H.B. 400, a bill to authorize the State Board of Certified Public Accountant 
Examiners to seek injunctive relief. 
Referred to Judiciary I/Constitution Committee. 

H.B. 520 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Waynesville. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 533, a bill relating to notices of lis pendens by the City of Winston-Salem. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 553, a bill to repeal a local act requiring Harnett County's animal control 
officers to perform their duties under the supervision and control of the Harnett 
County Health Director. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 595, a bill to provide for the nonpartisan election of the Craven County 
Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 656, a bill to provide districts for the Charlotte-Mecklenburg Board of 
Education and the Board of Commissioners of Mecklenburg County, referred to 
the Local Government and Regional Affairs Committee on April 11. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the bill be taken from 
the Local Government and Regional Affairs Committee and re-referred to the 
Education/Higher Education Committee, which motions prevail with unanimous 
consent. 

The Chair orders the bill recalled from the Local Government and Regional 
Affairs Committee and refers the measure to the Education/Higher Education 
Committee. 

REMOVAL OF ENDORSEMENTS 

S.B. 468, a bill to provide that the board of commissioners of any county having 
a county manager may assume direct control of any activities theretofore 
conducted by or through any commission, board, or agency appointed by the 
county commissioners or acting under and pursuant to authority of the board of 
county commissioners. 

Senator Lucas and Senator Hoyle submit requests to withdraw their endorse- 
ment, which requests are granted with unanimous consent. 

S.B. 607, a bill to require the University of North Carolina and North Carolina 
State University to play East Carolina University in football. 

Senator Martin of Pitt requests to withdraw his endorsement, which request is 
granted with unanimous consent. 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 



April 18, 1995 



344 SENATE JOURNAL [Session 

The North Carolina Department of Revenue, along with the Office of State 
Controller, and the Office of State Budget and Management, submit the State of 
North Carolina Summary of Financial Condition, March 31, 1995. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 277, a bill to remove the fifty acre limitation on condemning property for 
a school site, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Cochrane, Cooper, Dannelly, Davis, 
East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Sawyer, Shaw, Sherron, Soles, 
Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: Senators Clark and Simpson — 2. 

The bill is ordered sent to the House of Representatives. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of trans- 
porter plates, to allow owners of salvage vehicles to retain title to the vehicles, and 
to exempt out-of-State utility vehicles that are used in certain emergency opera- 
tions from the vehicle registration and road tax requirements, upon second reading. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Cooper, Dannelly, 
Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Sawyer, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar 
for tomorrow, Wednesday, April 19, for further consideration upon third reading. 

S.B. 53 (Committee Substitute), a bill to require the registration of persons 
convicted of certain criminal sexual offenses. 

Senator Odom offers a motion the Committee Substitute bill be taken from the 
Calendar for today and re-referred to the Appropriations Committee, which 
motions prevail with unanimous consent. 

The Chair orders the Committee Substitute bill re-referred to the 
Appropriations Committee. 

S.B. 208, a bill to make technical and clarifying amendments as recommended by 
the Sentencing Commission. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-3) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



April 18, 1995 



1995] SENATE JOURNAL 345 

S.B. 244 (Committee Substitute), a bill to provide for the summary administra- 
tion of an estate where a surviving spouse is the sole beneficiary of the estate, as 
recommended by the General Statutes Commission. 

The Committee Substitute bill passes its second (46-1) and third readings and is 
ordered sent to the House of Representatives. 

H.B. 7 (Committee Substitute), a bill to restore constitutional powers to the 
State Board of Education and to make conforming and technical changes, changing 
the title, upon concurrence, to read H.B. 7 (Senate Committee Substitute), a bill to 
clarify the Statutes so as to streamline the operations of the State education 
agency. 

Following debate, Senator Perdue calls the previous question, seconded by 
Senator Rand. The call is sustained. 

The Senate Committee Substitute bill passes its second (42-5) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

S.B. 84, a bill to place time limits on options in gross and other interests in land, 
as recommended by the General Statutes Commission, upon third reading, with 
Amendment No. 1 and perfecting Amendment No. 2 pending. 

Following lengthy debate, Amendment No. 2 amending Amendment No. 1 is 
adopted (30-17). 

Amendment No. 1, as amended, is adopted (47-0). 

The bill, as amended, passes its third reading (45-2) and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 258, a bill to clarify the record-keeping responsibilities of clerks of superior 
court in IV-D child support cases, upon third reading. 

The bill passes its third reading (43-1) and is ordered sent to the House of 
Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 115 House of Representatives 

(Senate Committee Substitute) April 18, 1995 

Mr. President: 

The Speaker has ordered that a message be sent your Honorable Body with the 
information that the House has reconsidered the vote by which the House failed to 
concur in the Senate Committee Substitute to HB 115, A BILL TO BE 
ENTITLED AN ACT TO MODIFY THE APPOINTMENT OF THE HALIFAX 
ABC BOARD AND TO PROVIDE THAT DISTRIBUTION OF REVENUE 
SHALL BE ACCORDING TO GENERAL STATUTE. The Speaker has 
dismissed the conferees, the House concurs and has ordered the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



April 18, 1995 



346 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Carrington, the Senate 
adjourns at 4:49 P.M. to meet tomorrow, Wednesday, April 19, at 1:30 P.M. 



FORTY-NINTH DAY 

Senate Chamber, 
Wednesday, April 19, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Grace and Glory, You have called us to great visions. Too often, 
though, we let petty matters sidetrack great dreams. 

"You have called us to be brothers and sisters. Too often, though, we find it 
easier to find fault than offer grace. 

"You have called us to be salt and light to the world. Too often, though, we 
have been content to be pale imitations that do not cause even a ripple. 

"Help us to seek our great dreams, to act like the Family of God, and then to 
risk challenging the world. For Your Sake, we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Plyler due to business; and to 
Senator Edwards. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 18, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. William W. 
Hedrick of Raleigh, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 232, an act to allow members of the Onslow County Board of Alcohol 
Control to serve three consecutive terms. (Ch. 44) 

H.B. 115 (Senate Committee Substitute), an act to modify the appointment of 
the Halifax ABC Board and to provide that distribution of revenue shall be ac- 
cording to General Statute. (Ch. 45) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



April 19, 1995 



1995] SENATE JOURNAL 347 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 546, a bill to allow cities to provide for a nonbinding presidential primary 
at the time of the municipal election so as to focus national attention and at least 
a part of the presidential debate on urban issues, with a favorable report. 

S.B. 581, a bill to permit the City of Winston-Salem to provide that certain 
housing code complaints and orders may be served by regular mail in addition to 
registered or certified mail, with a favorable report. 

S.B. 583, a bill to allow personal representatives of estates in the City of 
Winston-Salem to expend estate assets to prevent the waste of real property 
belonging to the estate, with a favorable report. 

S.B. 600, a bill to provide staggered four-year terms for members of the Stanly 
County Board of Commissioners, with a favorable report. 

S.B. 602, a bill to incorporate the Town of Foscoe-Grandfather, with a favorable 
report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 618, a bill relating to the employment preference given by Catawba County 
to veterans who apply for County employment, with a favorable report. 

S.B. 636, a bill to modify the distribution of profits from the ABC system in the 
City of Hendersonville, with a favorable report. 

S.B. 639, a bill to allow the City of Hendersonville to donate unclaimed bicycles 
to charity, with a favorable report. 

S.B. 654, a bill authorizing a one-step service process in specified housing code 
cases in the City of Asheville, with a favorable report. 

S.B. 663, a bill making a qualified exception for the City of Wilmington and New 
Hanover County from the Public Records Act for certain geographical information 
systems, with a favorable report. 

By Senator Rand for the Rules and Operation of the Senate Committee: 

S.B. 755, a bill to change the designated legislative membership of the Com- 
mittee on Employee Hospital and Medical Benefits, with a favorable report. 

H.B. 527, a bill to divide Superior Court District 11 into Districts 11A and 11B, 
with a favorable report. 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 306, a bill recommended by the Child Fatality Task Force to appropriate 
funds for additional foster care licensing and placement workers, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



April 19, 1995 



348 SENATE JOURNAL [Session 

S.B. 379, a bill recommended by the Legislative Research Commission's Study 
Committee on the Juvenile Code to allow courts to order psychiatric or psychologi- 
cal treatment of parents of juveniles adjudicated delinquent, undisciplined, abused, 
neglected, or dependent at the dispositional hearings or subsequent hearings and to 
provide for notice, with a favorable report. 

By Senator Perdue for the Appropriations Committee: 

S.B. 99 (Committee Substitute), a bill to grant additional management flexibility 
to local boards of education, to assess the relationship between expenditures for 
public schools and student performance, and to make conforming statutory 
changes, as written by the Education/Higher Education Committee, with a favor- 
able report. 

On motion of Senator Perdue, the rules are suspended and the Committee Sub- 
stitute bill is placed at the end of today's Calendar for consideration upon its 
passage. 

S.B. 695, a bill to create the Blue Ribbon Study Commission on Agriculture 
Waste, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Perdue, the rules are suspended, and the proposed Com- 
mittee Substitute bill 7629 is placed before the Senate for immediate consideration, 
and on her further motion is adopted. 

With unanimous consent, on motion of Senator Perdue the Committee Substitute 
bill is placed at the end of today's Calendar for further consideration. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 406, a bill to provide for the distribution of copies of certain publications to 
the State Personnel Commission and to the Office of State Personnel, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 405, a bill to amend the State Personnel Act relating to the definition of 
career State employee, the grounds for State employee appeals, the investigatory 
duties of the Office of State Personnel, and the priority consideration of State 
employees in filling vacancies; to provide for the adoption of an alternative dispute 
resolution procedure by the State Personnel Commission; and to allow alternative 
observance of the New Year's Holiday, with a favorable report, as amended. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 287 (Committee Substitute), a bill to amend the law regarding statutory 
rape and the age of consent, with an unfavorable report as to Committee Substi- 
tute bill written by the Judiciary I/Constitution Committee, and having passed 
second reading on April 4, with Amendment No. 1 pending which proposes to 
change the title to read S.B. 287 (Committee Substitute), a bill to create offenses 
of statutory rape and statutory sexual offense against victims who are thirteen, 
fourteen, or fifteen years old, and held to be material, but favorable as to Com- 
mittee Substitute bill No. 2. 



April 19, 1995 



1995] SENATE JOURNAL 349 

On motion of Senator Cooper, the rules are suspended, and the proposed Com- 
mittee Substitute bill No. 2, 5609, which changes the title to read S.B. 287 (Com- 
mittee Substitute No. 2), a bill to create offenses of statutory rape and statutory 
sexual offense against victims who are thirteen, fourteen, or fifteen years old, is 
placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the Committee Substitute bill No. 2 is adopted. 

The Chair rules the amendment, Committee Substitute bill No. 2, material, its 
adoption constitutes first reading, and orders the measure placed on the Calendar 
for Thursday, April 20, upon second reading. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Martin of Pitt: 

S.B. 756, a bill permitting local boards of education to remove or refuse admis- 
sion to certain older students and pay those students' costs of attending community 
college. 

Referred to Education/Higher Education Committee. 

By Senators Soles, Conder, Parnell, and Ballance: 

S.B. 757, a bill to appropriate funds for the North Carolina Future Farmers of 
America Center. 
Referred to Appropriations Committee. 

By Senators Blackmon, Sherron, Webster, and Foxx: 

S.B. 758, a bill to prohibit discrimination in prescription drug pricing, to prohibit 
cost shifting by manufacturers and sellers of pharmaceutical drugs, and to provide 
consumers the freedom of choosing the pharmacy at which to redeem a prescrip- 
tion drug benefit. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senators Speed, Davis, Parnell, Ballance, Carpenter, Albertson, Carrington, 
Clark, Foxx, and Forrester: 

S.B. 759, a bill to prohibit the unfair business practice of pricing cigarettes below 
cost. 

Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senators Speed, Soles, Warren. Davis, Carpenter, and Carrington: 
S.B. 760, a bill granting enforcement officers of the Division of Motor Vehicles 
the authority to assist in the enforcement of laws when a crime has been com- 
mitted in their presence and to authorize registration plates for their vehicles. 
Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Conder: 

S.B. 761, a bill to authorize counties and cities to collect debts through the 
Setoff Debt Collection Act. 
Referred to Finance Committee. 



April 19, 1995 



350 SENATE JOURNAL [Session 

By Senator Rand: 

S.B. 762, a bill to eliminate appeals of right to the Supreme Court from 
decisions of the Court of Appeals in a case in which there is a dissent. 
Referred to Judiciary H/Election Laws Committee. 

By Senator Rand: 

S.B. 763, a bill to allocate the duties of roller skating rink operators and the 
duties of roller skaters at roller skating rinks as these duties relate to safety and 
liability for personal injury. 

Referred to Judiciary II/Election Laws Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 314 (Committee Substitute No. 2), a bill to amend the law relating to 
Mount Airy's Firefighters' Supplementary Fund. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 513 (Committee Substitute No. 2), a bill to increase the monthly benefit for 
retired Charlotte firefighters. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 529 (Committee Substitute), a bill to authorize the Recreation Commission 
of the Town of Lincolnton to convey by private sale certain property to the City of 
Lincolnton. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 543 (Committee Substitute), a bill making a qualified exception from the 
Public Records Act for the Dare County Geographical Information System. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 546 (Committee Substitute), a bill to permit one-stop voting on direct 
record voting equipment with retrievable ballots in Gaston, Guilford, Mecklenburg, 
and Union Counties. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 593, a bill to incorporate the Town of Bogue. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 740, a bill to facilitate the transfer of academic credit from community 
college programs to four-year college programs. 
Referred to Education/Higher Education Committee. 

H.B. 750 (Committee Substitute), a bill to allow the use of State trucks and vans 
for the State Games of North Carolina. 
Referred to Transportation Committee. 



April 19, 1995 



1995] SENATE JOURNAL 351 

CALENDAR 

Bills on the Calendar are taken up and dispensed of, as follows: 

S.B. 594, a bill to repeal the sunset for the mediation program for the Industrial 
Commission. 

With unanimous consent, on motion of Senator Cooper, the bill is taken up out 
of its regular order of business and re-referred to the Appropriations Committee. 

S.B. 483 (Committee Substitute), a bill to require the inspection of bison meat 
that is to be used as food. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business and re-referred to the 
Finance Committee. 

WITHDRAWAL FROM CALENDAR 

S.B. 581, a bill to permit the City of Winston-Salem to provide that certain 
housing code complaints and orders may be served by regular mail in addition to 
registered or certified mail, reported from the Local Government and Regional 
Affairs Committee earlier today and ordered placed on the Calendar for Thursday, 
April 20. 

Senator Horton offers a motion the bill be taken from the Calendar for April 
20, and recommitted to the Local Government and Regional Affairs Committee, 
which motions prevail with unanimous consent. 

The Chair orders the bill taken from the Calendar for April 20, and recom- 
mitted to the Local Government and Regional Affairs Committee. 

CALENDAR (Continued) 

H.B. 206, a bill to incorporate the Village of Flat Rock, subject to a referendum, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Sawyer, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Thursday, April 20, for 
further consideration upon third reading. 

H.B. 122 (Committee Substitute), a bill to expand the allowable uses of trans- 
porter plates, to allow owners of salvage vehicles to retain title to the vehicles, and 
to exempt out-of-State utility vehicles that are used in certain emergency opera- 
tions from the vehicle registration and road tax requirements, as amended, upon 
third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 45, noes 1, as follows: 



April 19, 1995 



352 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Cochrane, Conder, Cooper, Davis, 
East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Sawyer, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 45. 

Voting in the negative: Senator Clark — 1. 

The Committee Substitute bill, as amended, is ordered sent to the House of 
Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business and referred to the Appropriations Committee. 

S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, upon 
second reading. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

On motion of Senator Odom, the Chair orders, without objection, the 
Committee Substitute bill, as amended, temporarily displaced. 

S.B. 279, a bill to clarify the authority of local boards of education to obtain 
property under the "quick take" procedure available to other local governments, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 7, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Basnight, Blackmon, 
Carpenter, Cochrane, Conder, Cooper, Davis, East, Forrester, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, 
Martin of Pitt, Martin of Guilford, McKoy, Odom, Parnell, Perdue, Plexico, Rand, 
Sawyer, Shaw, Sherron, Simpson, Soles, Speed, Warren, and Winner — 38. 

Voting in the negative: Senators Ballantine, Carrington, Clark, Foxx, McDaniel, 
Page, and Webster — 7. 

The bill is ordered placed on the Calendar for tomorrow, Thursday, April 20, for 
further consideration upon third reading. 

S.B. 325, a bill to allow the district attorney's designee or a special prosecutor to 
request that an investigative grand jury be convened to consider certain alleged 
violations of the North Carolina Controlled Substances Act. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 383, a bill to permit the use of the correction enterprises laundry operation 
in emergency situations and in the event of equipment malfunction or renovation 
at certain hospital laundries. 

The bill passes its second (45-1) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 437, a bill to repeal the sunset concerning government construction 
contracts. 
Senator Hobbs offers Amendment No. 1. 



April 19, 1995 



1995] SENATE JOURNAL 353 

Following debate, on motion of Senator Blackmon, further consideration of the 
bill is postponed until Thursday, April 20, with Amendment No. 1 pending. 

S.B. 555, a bill to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may access, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (39-7) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 71, a bill to provide that fire fighters and emergency medical service 
personnel may possess or carry weapons on school grounds when discharging their 
official duties. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted, chang- 
ing the title, upon concurrence, to read H.B. 71, a bill to provide that fire fighters, 
emergency service personnel and North Carolina forest service personnel may pos- 
sess or carry weapons on school grounds when discharging their official duties. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1. 

S.B. 99 (Committee Substitute), a bill to grant additional management flexibility 
to local boards of education, to assess the relationship between expenditures for 
public schools and student performance, and to make conforming statutory 
changes, reported from the Appropriations Committee earlier today. 

The Chair orders, without objection, the Committee Substitute bill temporarily 
displaced. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 478, a bill to coordinate enforcement of federal nursing home requirements 
with State requirements, with a favorable report. 

S.B. 82 (Committee Substitute), a bill to increase the amount of property collect- 
ible by small estate affidavit where the sole heir and/or devisee is the surviving 
spouse, to increase the minimum amount of intestate personal property passing to 
the surviving spouse, and to increase the amount of the year's allowance for a 
surviving spouse and children, as recommended by the General Statutes Commis- 
sion, and to increase the limitation for funeral expenses, as written by the 
Judiciary II/Election Laws Committee, with a favorable report, as amended. 

S.B. 294 (Committee Substitute), a bill to limit the issuance and renewal of 
barber certificates, permits, and licenses, to establish late fees for expired 



April 19, 1995 



354 SENATE JOURNAL [Session 

certificates, to make certain revisions to the law governing the Board of Barber 
Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act, as written by the Children and Human Resources Committee, 
with a favorable report, as amended. 

S.B. 407, a bill to exempt boat and farm trailers from the payment of the Global 
TransPark temporary zone vehicle registration tax, with a favorable report, as 
amended. 

CALENDAR (Continued) 

S.B. 99 (Committee Substitute), a bill to grant additional management flexibility 
to local boards of education, to assess the relationship between expenditures for 
public schools and student performance, and to make conforming statutory 
changes, temporarily displaced earlier. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 695 (Committee Substitute), a bill to create the Blue Ribbon Study Com- 
mission on Agriculture Waste, reported from the Appropriations Committee earlier 
today. 

The bill passes its second (43-1) and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

S.B. 259 (Committee Substitute No. 2), a bill to establish civil liability for larce- 
ny, shoplifting, embezzlement, and obtaining property by false pretense and to 
protect merchants and peace officers from civil liability for detention or arrest of 
persons accused of larceny, upon third reading. 

The Committee Substitute No. 2 bill passes its third reading (43-1) and is 
ordered sent to the House of Representatives. 

S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, as 
amended, temporarily displaced earlier. 

Following debate, on motion of Senator Rand, further consideration of the 
Committee Substitute bill, as amended, is postponed until Thursday, April 20. 

COMMITTEE APPOINTMENTS 

Legislative Committee on New Licensing Boards 

Pursuant to G.S. 120-149.6, the President Pro Tempore announces the following 
appointments: 

Senator Parnell (Chairman), Senator Ballance, Senator Hobbs, Senator Smith, 
and Senator Soles. 

Senator Ledbetter is appointed to represent Senator Smith in his absence. 

On motion of Senator Basnight, seconded by Senator Jordan, the Senate 
adjourns at 3:18 P.M. to meet tomorrow, Thursday, April 20, at 1:30 P.M. 



April 19, 1995 



1995] SENATE JOURNAL 355 

FIFTIETH DAY 

Senate Chamber, 
Thursday, April 20, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"A voice was heard in Raman,' wrote the Prophet Jeremiah, 'wailing and loud 
lamentation; Rachel weeping for her children; she refused to be consoled, because 
they are no more.' 

"We turn our thoughts and prayers today to the people in Oklahoma City whose 
lives have been devastated by the senseless and horrific act of murder that 
occurred yesterday. We are all affected, O God. 

"In the midst of our corporate lament, we try to reconcile our declaration that 
You are all powerful, You are all good and yet terrible things happen. The prob- 
lem of evil is perhaps the greatest single problem for our religious faith. No 
explanation will seem plausible to the parents of a child who has been murdered. 
For those of us who believe in You, the answer remains a dark and awful mystery. 

"Be especially close to our brothers and sisters who are waking today hoping 
that yesterday was only a very bad dream. Rescue those who are still alive but 
trapped in the ruins of that building. Permit the people there and all of us, 
O Lord, the experience of grief, anger, even emotional revenge until one day 
through catharsis we are able to say, as Joseph did to his brothers who had sold 
him into slavery, 'You meant it for evil, but God used it for good.' Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization, and to Senator Plexico. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 19, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert A. 
Watson of Elon College, who is serving the Senate as Doctor of the Day. 

CALENDAR 

S.B. 437, a bill to repeal the sunset concerning government construction 
contracts, with Amendment No. 1 pending. 

With unanimous consent, on motion of Senator Sherron, the rules are suspended 
and the bill, with Amendment No. 1 pending, is taken from its regular order of 
business and placed at the beginning of today's Calendar as the first order of 
business. 



April 20, 1995 



356 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 120, an act to provide uniform tax treatment of North Carolina obligations 
and federal obligations. (Ch. 46) 

S.B. 146 (Committee Substitute), an act to amend the North Carolina Seed Law. 
(Ch. 47) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 649, a bill to authorize sweet potato assessments to be paid by producers of 
sweet potatoes, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Parnell for the Commerce Committee: 

S.B. 332, a bill to raise the maximum late payment charge for revolving credit 
loans, with a favorable report. 

S.B. 408, a bill to allow equity line of credit agreements to have terms greater 
than fifteen years and to establish a procedure for extending equity line of credit 
loan agreements, with a favorable report. 

H.B. 304 (Committee Substitute), a bill to create a State Procurement Policy 
Council, with a favorable report. 

By Senator Sherron for the Finance Committee: 

S.B. 291, a bill to exempt certain nonprofit organizations from paying the license 
tax for specialty market operators, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed Com- 
mittee Substitute bill A597 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is placed on the 
Calendar for Monday, April 24, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 



April 20, 1995 



1995] SENATE JOURNAL 357 

By Senator Martin of Pitt: 

S.B. 764, a bill to make adjustments in the Deer Management Assistance 
Program of the Wildlife Resources Commission. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Sherron, Warren, Parnell, Plexico, Conder, Jordan, Odom, Hobbs, 
and McKoy: 

S.B. 765, a bill to authorize the construction and the financing, without appropri- 
ations from the General Fund, of certain capital improvements projects of the 
constituent institutions of the University of North Carolina and the University of 
North Carolina Hospitals at Chapel Hill and to amend Chapter 451 of the 1993 
Session Laws regarding a wholly self-liquidating project at the University of North 
Carolina at Greensboro. 

Referred to Finance Committee. 

By Senators Albertson, Warren, Gulley, and Carpenter: 
S.B. 766, a bill to provide service partnerships for private industry with 
Correction Enterprises. 
Referred to Commerce Committee. 

By Senator Albertson: 

S.B. 767, a bill to establish an automatic annual salary increase for protectors of 
the North Carolina Wildlife Resources Commission. 
Referred to Appropriations Committee. 

By Senators Hoyle, Conder, Blackmon, Forrester, Martin of Pitt, Albertson, 
Perdue, Plyler, Kincaid, Simpson, Foxx, Davis, Warren, Plexico, Kerr, Rand, East, 
Ballance, Ballantine, Hobbs, Odom, Cooper, Clark, Sherron, and Cochrane: 

S.B. 768, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to improve the sanitation program for food and lodging 
establishments, to amend the inspection and grading requirements, and to increase 
the membership of the Commission for Health Services. 

Referred to Appropriations Committee. 

By Senators Horton and Sawyer: 

S.B. 769, a bill to make it a felony to commit an assault or an affray on an 
emergency medical services technician, emergency department nurse, or emergency 
department physician. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Kerr: 

S.B. 770, a bill to require a determination of the appropriate reading/writing 
medium for each visually impaired student and to appropriate funds. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Cooper: 

S.B. 771, a bill to clarify the status of independent contractors of public 
hospitals. 
Referred to Judiciary I/Constitution Committee. 



April 20, 1995 



358 SENATE JOURNAL [Session 

By Senator Cooper: 

S.B. 772, a bill to remove the sunset from the Office of Administrative Hearings 
Mediation Program. 
Referred to Judiciary I/Constitution Committee. 

By Senators McKoy, Forrester, Lucas, and Jordan: 

S.B. 773, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources to increase efforts to prevent AIDS. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 774, a bill to appropriate funds for improvements at the site of the North 
Carolina Indian Cultural Center. 
Referred to Appropriations Committee. 

By Senators Allran, Conder, Gulley, Lucas, Warren, and Cochrane: 

S.B. 775, a bill to define clients eligible for " Willie M. " services, to authorize the 

adoption of rules to determine eligibility, to ensure the provision of services, and 

to provide for contested case hearing provision. 
Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to the Judiciary I/Constitution Committee. 

By Senator Carpenter: 

S.B. 776, a bill to establish a task force to determine a minimum reimbursement 
rate for Adult Developmental Activity Programs (ADAP). 
Referred to Appropriations Committee. 

By Senators Winner and Plexico: 

S.B. 777, a bill to appropriate funds for the University of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Winner and Plexico: 

S.B. 778, a bill to appropriate funds for the North Carolina Community College 
System. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Winner and Plexico: 

S.B. 779, a bill to appropriate funds for the public schools. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Hobbs: 

S.B. 780, a bill to amend the law regarding license renewal for nursing homes. 

Referred to Children and Human Resources Committee. 

By Senators Ledbetter, Albertson, Clark, Horton, Shaw, Speed, Soles, Martin of 
Pitt, East, Davis, Little, Foxx, Plexico, Ballance, and Carpenter: 

S.B. 781, a bill to appropriate funds to continue funding of three soil specialist 
positions in the Division of Soil and Water Conservation in the Department of 
Environment, Health, and Natural Resources. 

Referred to Appropriations Committee. 



April 20, 1995 



1995] SENATE JOURNAL 359 

By Senator Gulley: 

S.B. 782, a bill to make changes to the General Statutes pertaining to domestic 
violence. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley, Ballantine, Rand, Hoyle, Davis, Lucas, and East: 
S.B. 783, a bill provide for the forfeiture of property owned by persons partici- 
pating in nuisances on the property involving the sale or use of narcotic drugs. 
Referred to Judiciary II/Election Laws Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 582, a bill to permit the City of Winston-Salem to regulate by ordinance 
the possession of malt beverages and unfortified wine, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed 
Committee Substitute bill 1649, which changes th i title to read S.B. 582 (Com- 
mittee Substitute), a bill to permit the Cities of Winston-Salem and Wilmington 
and New Hanover County to regulate by ordinance the possession of malt bever- 
ages and unfortified wine, is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Jordan, the Committee Substitute bill is placed on the 
Calendar for Monday, April 24, for further consideration. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 213 (Committee Substitute), a bill concerning the collection of delinquent 
truck penalties and assessed taxes and the consolidation of the various provisions 
concerning overweight vehicles. 

Referred to Transportation Committee. 

H.B. 471, a bill to repeal local acts applicable to the City of Charlotte or to both 
the City of Charlotte and the County of Mecklenburg. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 666, a bill to change the pay date for the Cherokee County schools. 
Referred to Education/Higher Education Committee. 

H.B. 668, a bill to change the manner of election of the Alamance County Board 
of Education from nonpartisan election at the time of the primary to nonpartisan 
election at the time of the general election. 

Referred to Judiciary II/Election Laws Committee. 



April 20, 1995 



360 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 433, a bill to authorize the City of Charlotte to submit proposals and 
receive contracts for construction and repair work not to exceed two hundred 
thousand dollars. 

With unanimous consent, on motion of Senator Winner, the bill is taken up out 
of its regular order of business and consideration is postponed until Wednesday, 
April 26. 

COMMITTEE REFERRAL RECALL 

S.B. 274, a bill to require the Board of Governors of the University of North 
Carolina to study the teacher education programs offered at each constituent uni- 
versity and to determine how those programs may be improved, referred to the 
Education/Higher Education Committee on February 28. 

Pursuant to Rule 47(b), Senator Winner offers a motion the bill be taken from 
the Education/Higher Education Committee and re-referred to the Appropriations 
Committee, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Education/Higher Education 
Committee and re-referred to the Appropriations Committee. 

CALENDAR (Continued) 

S.B. 437, a bill to repeal the sunset concerning government construction 
contracts, with Amendment No. 1 pending, placed earlier today as the first order of 
business. 

Amendment No. 1, offered by Senator Hobbs on April 19, is adopted. 

The bill, as amended, passes its second reading (41-2). 

Senator Blackmon objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the bill, as amended, placed on the Calendar for 
Monday, April 24, for further consideration upon third reading. 

H.B. 206, a bill to incorporate the Village of Flat Rock, subject to a referendum, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Mar- 
tin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Rand, Shaw, 
Sherron, Simpson, Speed, Webster, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

RECONSIDERATION 

S.B. 437, a bill to repeal the sunset concerning government construction con- 
tracts, as amended, placed earlier today on the Calendar for Monday, April 24, 
upon third reading. 

Senator Sherron offers a motion that the vote by which the bill, as amended, 
passed its second reading be reconsidered, which motion prevails, and the question 
becomes passage of the measure upon second reading. 



April 20, 1995 



1995] SENATE JOURNAL 361 

Senator Sherron offers a motion that the vote by which Amendment No. 1 was 
adopted be reconsidered, which motion prevails, and the question becomes the 
adoption of Amendment No. 1. 

With unanimous consent, Senator Hobbs withdraws Amendment No. 1 and, sub- 
sequently, offers Amendment No. 2 which is adopted (48-0). 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

CALENDAR (Continued) 

S.B. 583, a bill to allow personal representatives of estates in the City of 
Winston-Salem to expend estate assets to prevent the waste of real property 
belonging to the estate. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 600, a bill to provide staggered four-year terms for members of the Stanly 
County Board of Commissioners. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 618, a bill relating to the employment preference given by Catawba County 
to veterans who apply for County employment. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 636, a bill to modify the distribution of profits from the ABC system in the 
City of Hendersonville. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 639, a bill to allow the City of Hendersonville to donate unclaimed bicycles 
to charity. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 654, a bill authorizing a one-step service process in specified housing code 
cases in the City of Asheville. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 663, a bill making a qualified exception for the City of Wilmington and New 
Hanover County from the Public Records Act for certain geographical information 
systems. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 279, a bill to clarify the authority of local boards of education to obtain 
property under the "quick take" procedure available to other local governments, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 6, as follows: 



April 20, 1995 



362 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Carrington, Cochrane, Conder, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McKoy, Odom, 
Parnell, Perdue, Plyler, Rand, Sawyer, Shaw, Simpson, Soles, Speed, Warren, and 
Winner — 41. 

Voting in the negative: Senators Ballantine, Clark, Foxx, McDaniel, Page, and 
Webster— 6. 

The bill is ordered sent to the House of Representatives. 



S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, as 
amended, upon second reading. 

Senator Horton offers Amendment No. 2 which is adopted (45-2). 

Senator Ballantine offers Amendment No. 3 which fails of adoption (7-40). 

With unanimous consent, a leave of absence is granted Senator Sherron for the 
remainder of today's Session. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 39, noes 8, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Cochrane, Conder, Cooper, Dannelly, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Lucas, Martin of Pitt, Martin of Guilford, McKoy, Parnell, 
Perdue, Plyler, Rand, Sawyer, Shaw, Simpson, Soles, Speed, Warren, and 
Winner — 39. 

Voting in the negative: Senators Clark, Davis, East, Little, McDaniel, Odom, 
Page, and Webster — 8. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar 
for Monday, April 24, for further consideration upon third reading. 



S.B. 82 (Committee Substitute), a bill to increase the amount of property collect- 
ible by small estate affidavit where the sole heir and/or devisee is the surviving 
spouse, to increase the minimum amount of intestate personal property passing to 
the surviving spouse, and to increase the amount of the year's allowance for a 
surviving spouse and children, as recommended by the General Statutes Commis- 
sion, and to increase the limitation for funeral expenses. 

Without objection, Committee Amendment No. 1 is adopted. 

With unanimous consent, Senator Jordan is excused from voting. 

The Committee Substitute bill, as amended, passes its second reading (46-0). 

Senator Hartsell objects to the third reading of the measure. Pursuant to Rule 
50, the Chair orders the Committee Substitute bill, as amended, placed on the 
Calendar for Monday, April 24, for further consideration upon third reading. 



S.B. 287 (Committee Substitute No. 2), a bill to create offenses of statutory rape 
and statutory sexual offense against victims who are thirteen, fourteen, or fifteen 
years old. 

The Committee Substitute No. 2 bill passes its second (41-5) and third readings 
and is ordered sent to the House of Representatives. 



April 20, 1995 



1995] SENATE JOURNAL 363 

S.B. 294 (Committee Substitute), a bill to limit the issuance and renewal of 
barber certificates, permits, and licenses, to establish late fees for expired 
certificates, to make certain revisions to the law governing the Board of Barber 
Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act. 

With unanimous consent, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (45-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 379, a bill recommended by the Legislative Research Commission's Study 
Committee on the Juvenile Code to allow courts to order psychiatric or psychologi- 
cal treatment of parents of juveniles adjudicated delinquent, undisciplined, abused, 
neglected, or dependent at the dispositional hearings or subsequent hearings and to 
provide for notice. 

The President relinquishes the gavel to the President Pro Tempore, who presides. 

The bill passes its second (39-8) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 405, a bill to amend the State Personnel Act relating to the definition of 
career State employee, the grounds for State employee appeals, the investigatory 
duties of the Office of State Personnel, and the priority consideration of State 
employees in filling vacancies; to provide for the adoption of an alternative dispute 
resolution procedure by the State Personnel Commission; and to allow alternative 
observance of the New Year's Holiday. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

Senator Webster offers a motion to re-refer the bill, as amended, to the 
Judiciary II/Election Laws Committee, which motion fails to prevail (17-27). 

The President Pro Tempore relinquishes the gavel to the President, who presides. 

The bill, as amended, passes its second reading (43-3). 

Senator Soles objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the bill, as amended, placed on the Calendar for Monday, 
April 24, for further consideration upon third reading. 

S.B. 407, a bill to exempt boat and farm trailers from the payment of the Global 
TransPark temporary zone vehicle registration tax. 

With unanimous consent, Committee Amendment No. 1 is adopted, changing the 
title to read S.B. 407, a bill to exempt trailers from the payment of the Global 
TransPark temporary zone vehicle registration tax. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 478, a bill to coordinate enforcement of federal nursing home requirements 
with State requirements. 

The bill passes its second reading (45-0). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for Monday, April 24, for 
further consideration upon third reading. 



April 20, 1995 



364 SENATE JOURNAL [Session 

S.B. 546, a bill to allow cities to provide for a nonbinding presidential primary 
at the time of the municipal election so as to focus national attention and at least 
a part of the presidential debate on urban issues. 

With unanimous consent, on motion of Senator Gulley, the bill is recommitted 
to the Local Government and Regional Affairs Committee. 

S.B. 755, a bill to change the designated legislative membership of the Commit- 
tee on Employee Hospital and Medical Benefits. 

With unanimous consent, on motion of Senator Rand, consideration of the bill 
is postponed until Wednesday, April 26. 

H.B. 527, a bill to divide Superior Court District 11 into Districts 11A and 11B. 
With unanimous consent, on motion of Senator Rand, consideration of the bill 
is postponed until Wednesday, April 26. 

RESOLUTIONS FROM OTHER STATES 

The following resolutions received April 20, from other Legislative Bodies are 
presented to the Senate and are ordered filed in the Office of the Principal Clerk 
with the papers of the Senate. 

Arizona House Concurrent Resolution 2015, regarding the Tenth Amendment to 
the United States Constitution and asserting the sovereignty of the State of Arizo- 
na. (See Appendix) 

Texas Senate Concurrent Resolution No. 24, petitioning the Congress of the 
United States of America to propose to the states an amendment to the United 
States Constitution, protecting the American flag and 50 state flags from willful 
desecration and exempting such desecration from constitutional construction as a 
First Amendment right. (See Appendix) 

On motion of Senator Basnight, seconded by Senator Ledbetter, the Senate 
adjourns at 3:23 P.M. to meet Monday, April 24, at 7:00 P.M. 



FIFTY-FIRST DAY 

Senate Chamber, 
Monday, April 24, 1995. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, we pray that the Senators and staff have returned from their homes 
rested and renewed. 

"Let us not be frustrated or intimidated by the tasks that confront us this 
week — instead we give You thanks that You will match us to the hour. 



April 24, 1995 



1995] SENATE JOURNAL 365 

"Help us resolve, God helping us, always to be part of the answer and never a 
part of the problem. 

"We ask that You be especially close and grant a special measure of Your 
comfort and healing to Senator C. R. Edwards and family in the loss of his wife. 

"We pray in Your Holy Name. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Smith due to hospitalization and to Senator Edwards due to the death of 
his wife. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 20, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Warner Hall 
of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 165, a bill to mandate criminal history checks of child day care providers, 
to study the use of the Central Registry on Child Abuse and Neglect, and to 
appropriate funds, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 7635 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 245, a bill to authorize the opening of empty lock boxes of decedents 
outside the presence of the Clerk of Superior Court, as recommended by the 
General Statutes Commission, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 4596 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Cooper, the Committee Substitute bill is placed on the 
Calendar for Tuesday, April 25, for further consideration. 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 303, a bill to provide for removal of members of State Board of Community 
Colleges after unexcused absences from three consecutive scheduled Board meet- 
ings, with a favorable report. 



April 24, 1995 



366 SENATE JOURNAL [Session 

S.B. 467, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to establish a uniform reversion rate under the 
UNC Management Flexibility and Accountability Act, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plexico, the rules are suspended, and the proposed Com- 
mittee Substitute bill 8610 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

With unanimous consent, on motion of Senator Plexico, the Committee 
Substitute bill is re-referred to the Appropriations Committee. 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 470, a bill to create the Good Funds Settlement Act, with a favorable 
report. 

S.B. 307, a bill to authorize sanitary districts to have the right to immediate 
possession of certain property acquired by eminent domain, with a favorable 
report, as amended. 

S.B. 577, a bill to amend the educational requirements for certified public 
accountants, with a favorable report, as amended. 

S.B. 521, a bill relating to notices of lis pendens by the City of Reidsville, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill 7639, which changes the title to read S.B. 521 (Com- 
mittee Substitute), a bill to provide for the filing of notices of lis pendens in the 
enforcement of housing and building standards by cities and counties, is placed 
before the Senate for immediate consideration. 

The Chair rules the adoption of the Committee Substitute bill changes the local 
bill to a public bill. 

On motion of Senator Gulley, the Committee Substitute bill is adopted, and on 
his further motion the Committee Substitute bill is placed on the Calendar for 
Tuesday, April 25, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Forrester, Perdue, Rand, Cochrane, and Conder: 

S.B. 784, a bill to implement certain health care reform recommendations of the 

North Carolina Health Planning Commission. 
Referred to Judiciary II/Election Laws Committee and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators McKoy and Sherron: 

S.B. 785, a bill to appropriate funds for the renovation of the former Fuquay- 
Varina Elementary School's gymnasium for use as a community center. 
Referred to Appropriations Committee. 



April 24, 1995 



1995] SENATE JOURNAL 367 

By Senators Hartsell, Forrester, and Dannelly: 

S.B. 786, a bill to amend the professional corporation act to allow collaborative 
practices between and among physicians and mid-level health care providers. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Albertson: 

S.B. 787, a bill to appropriate funds to the Salemburg Volunteer Fire Depart- 
ment. 
Referred to Appropriations Committee. 

By Senators McDaniel, Page, Ballantine, McKoy, East, Clark, Ledbetter, 
Webster, Sawyer, Horton, Carrington, Foxx, Kincaid, Forrester, Hartsell, Allran, 
Simpson, Shaw, Carpenter, and Cochrane: 

S.B. 788, a bill (1) to provide for parental review of and to place certain restric- 
tions on any instruction on sexually transmitted diseases or out-of-wedlock preg- 
nancy given as part of a comprehensive school health program; (2) to make 
changes to the appointments to the State School Health Advisory Committee; (3) 
to require public schools to offer an abstinence until marriage program; and (4) to 
authorize local school boards to offer comprehensive sex education when certain 
requirements concerning review and local approval are satisfied. 

Referred to Education/Higher Education Committee. 

By Senator McDaniel: 

S.B. 789, a bill to amend the law with respect to authorized copying costs for 
medical records. 
Referred to Judiciary I/Constitution Committee. 

By Senators McDaniel and Gulley: 

S.B. 790, a bill to ensure the accessibility of voter registration to in-State 
individuals entering postsecondary institutions in North Carolina. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Gulley: 

S.B. 791, a bill to add to the modes of election that may be chosen locally for 
city and county governments the following: limited voting, cumulative voting, and 
preference voting. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Soles: 

S.B. 792, a bill to provide that the forfeiture roll for bail bonds ordered forfeited 
in the district court may be heard in the district court. 
Referred to Judiciary I/Constitution Committee. 

By Senator Soles: 

S.B. 793, a bill to provide for the release of pharmacy records for the purpose 
of obtaining reimbursement, to define "State or Local Law Enforcement Agency" 
under the controlled substance tax, to provide regulation of locations shipping, 
mailing, or delivering devices or medical equipment to North Carolina residents, to 
conform the North Carolina product selection law to Medicaid requirements, and 



April 24, 1995 



368 SENATE JOURNAL [Session 

to allow investigative employees of the North Carolina Board of Pharmacy to carry 
firearms and to require these employees to complete a training program for the 
use of firearms. 
Referred to Judiciary I/Constitution Committee. 

By Senators Plexico and Winner: 

S.B. 794, a bill to appropriate funds for the public schools. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plexico and Winner: 

S.B. 795, a bill to appropriate funds for the North Carolina Community College 
System. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Plexico and Winner: 

S.B. 796, a bill to appropriate funds for the University of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Hoyle: 

S.B. 797, a bill to provide that the per gallon excise tax on diesel fuel shall be 
paid partly at the pump and partly either by making an additional payment when 
a motor carrier report is filed or by payment of an annual registration tax. 

Referred to Finance Committee. 

By Senators Cochrane, Forrester, Hartsell, Hoyle, Kerr, and Kincaid: 
S.B. 798, a bill authorizing sanitary districts to provide streets and law enforce- 
ment services. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Kerr, Albertson, Carrington, Cooper, Edwards, Gulley, Hobbs, 
Hoyle, Kincaid, Martin of Pitt, Parnell, Perdue, Speed, Warren, and Hartsell: 
S.B. 799, a bill to establish the Local Infrastructure Trust Fund. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 800, a bill to restructure the public school system. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 801, a bill to restructure the public school system. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand, Conder, Cooper, Gulley, Hoyle, Martin of Guilford, Warren, 
Horton, Plyler, Jordan, Hobbs, Odom, Simpson, and Sawyer: 

S.B. 802, a bill to define a professional firefighter's employee retirement classifi- 
cation and benefit accrual rate for members and beneficiaries of the Local Govern- 
mental Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



April 24, 1995 



1995] SENATE JOURNAL 369 

By Senators Rand, Perdue, Hoyle, and Martin of Guilford: 

S.B. 803, a bill to allow the practice of dentistry in nursing homes. 

Referred to Children and Human Resources Committee. 

By Senators Rand and Edwards: 

S.B. 804, a bill to expand the scope of the Environmental Policy Act by requir- 
ing the preparation of an environmental impact statement for certain packing and 
processing facilities located within one mile of certain rivers of this State and 
significantly affecting the water quality of the river. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Kerr, Gulley, Odom, Hobbs, Hartsell, Rand, Winner, Cooper, 
Martin of Pitt, and Soles: 

S.B. 805, a bill to appropriate funds for capital improvements at the University 
of North Carolina at Chapel Hill School of Law. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 806, a bill to authorize the issuance of twenty-three million nine hundred 
thousand dollars of community college bonds or notes and to appropriate the 
proceeds of these bonds and notes for specific community college capital projects 
and to appropriate funds for community college capital projects. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Perdue: 

S.B. 807, a bill authorizing counties to participate in local vocational training and 
employment opportunity initiatives through the creation of regional vocational ser- 
vices authorities. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senator Ballance: 

S.B. 808, a bill to regulate the after-death sales of cemetery merchandise or 
services at the residence of the deceased. 
Referred to Judiciary Il/Election Laws Committee. 

By Senators Ballance and Hartsell: 

S.B. 809, a bill to provide for ex parte funding for mental health experts in 
capital and noncapital trials. 
Referred to Judiciary H/Election Laws Committee. 

By Senator Carpenter: 

S.B. 810, a bill to appropriate funds to the Department of Crime Control and 
Public Safety to establish and support the North Carolina Airborne High Level 
Rescue and Extrication Program. 

Referred to Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting a 
joint resolution which is read the first time and disposed of, as follows: 



April 24, 1995 



370 SENATE JOURNAL [Session 

HJ.R. 226 (Committee Substitute), a joint resolution honoring the 1993-94 
Women's Basketball Team at the University of North Carolina at Chapel Hill for 
winning a national championship and honoring the memory of June Galloway and 
Mike Matheson. 

On motion of Senator Hobbs, the rules are suspended without objection, and the 
House joint resolution is placed before the Senate for immediate consideration. 

Senator Basnight, President Pro Tempore, appoints Senator Hobbs and all gradu- 
ates of the University of North Carolina — Senator Ballantine, Senator Cooper, 
Senator Dannelly, Senator Forrester, Senator Foxx, Senator Hartsell, Senator 
Horton, Senator Kerr, Senator McDaniel, Senator Odom, Senator Rand, Senator 
Shaw, Senator Soles, and Senator Webster — to escort the 1994 National Collegiate 
Athletic Association Division I Champion Women's Basketball Team and coaches 
from the University of North Carolina at Chapel Hill to the Well of the Senate. 
The Senate receives the guests standing. 

The Chair directs the Reading Clerk to read, as follows: 

H.J.R. 226, A JOINT RESOLUTION HONORING THE 1993-94 WOMEN'S 

BASKETBALL TEAM AT THE UNIVERSITY OF NORTH CAROLINA 

AT CHAPEL HILL FOR WINNING A NATIONAL CHAMPIONSHIP 

AND HONORING THE MEMORY OF JUNE GALLOWAY AND MIKE 

MATHESON. 

Whereas, with seven-tenths of a second left on the game clock, a three 
point basket made by Charlotte Smith of the women's basketball team at the 
University of North Carolina at Chapel Hill earned the team and Charlotte Smith 
a place in sports history; and 

Whereas, on April 3, 1994, the UNC women defeated Louisiana Tech by a 
score of 60-59, becoming the 1994 National Collegiate Athletic Association 
(NCAA) Division I Champions and winning the first national basketball title for 
the women's basketball program; and 

Whereas, the team's 1994 appearance at the NCAA Tournament was its 
third straight appearance and its eighth overall appearance; and 

Whereas, the women's basketball team finished its 1993-94 season with an 
overall record of 33-2, the most wins ever by a women's basketball team at the 
University of North Carolina at Chapel Hill; and 

Whereas, during the 1993-94 season, the women's basketball team won the 
Atlantic Coast Conference Championship and finished with a record of 14-2 in the 
Atlantic Coast Conference; and 

Whereas, other accomplishments of the 1993-94 team included a 14-game 
winning streak, tying the longest record in the school's history; and 

Whereas, this championship brings great honor and distinction to the State 
and deserves recognition; and 

Whereas, the success of the UNC women's basketball team reflects a tradi- 
tion of athletic excellence in basketball that is valued by many North Carolinians; 
and 

Whereas, the success of women's basketball in North Carolina is a fitting 
testimonial and memorial to great women's basketball coaches of the past, includ- 
ing the late June Galloway, a teacher and coach, who in her last three seasons at 
the University of North Carolina at Greensboro led the women's basketball team 
to a record of 38-14, a State championship, and a fourth place finish in the 
National Invitational Women's Intercollegiate Tournament in 1971, and including 



April 24, 1995 



1995] SENATE JOURNAL 371 

the late Mike Matheson, who coached the girls' basketball team at Bandys High 

School in Catawba County to two consecutive State AA championships in 1987 

and 1988; and 

Now, therefore, be it resolved by the House of Representatives, the Senate 

concurring: 

Section 1. The General Assembly expresses the appreciation and 
admiration of the people of North Carolina to the women's basketball team at the 
University of North Carolina at Chapel Hill for winning the 1994 National 
Collegiate Athletic Association Division I Championship. 

Sec. 2. The General Assembly recognizes the achievements of the 1993-94 
team members, Tonya Cooper, Sylvia Crawley, Lori Gear, Gwendolyn Gillingham, 
Tonya Jackson, Marion Jones, Stephanie Lawrence, Carrie McKee, Kim Rouse, 
Tonya Sampson, Charlotte Smith, Jill Suddreth, and Maja Vukojicic; head coach, 
Sylvia Hatchell; assistant coaches, Andrew Calder, Ann Hancock, and Emily John- 
son; and other staff members. 

Sec. 3. The Secretary of State shall send a certified copy of this resolution 
to John Swofford, Athletic Director of the University of North Carolina at Chapel 
Hill, Ty Buckner, Sports Director of the University of North Carolina at 
Greensboro, and the Athletic Director of Bandys High School, and to all indi- 
viduals recognized in Section 2 of this resolution. 

Sec. 4. This resolution is effective upon ratification. 

The President congratulates the team and grants permission to Coach Sylvia 
Hatchell to address the Senate. Coach Hatchell offers brief remarks and intro- 
duces team members and staff to the Senate. The Senate responds with a standing 
ovation. 

The joint resolution passes its second (48-0) and third readings and is ordered 
enrolled. 

The Chair directs the committee to escort the guests from the Chamber. 

CALENDAR 

S.B. 291 (Committee Substitute), a bill to exempt certain nonprofit organizations 
from paying the license tax for specialty market operators. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business and, on her further motion, 
is re-referred to the Appropriations Committee. 

H.B. 304 (Committee Substitute), a bill to create a State Procurement Policy 
Council. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business and, on her further motion, 
consideration in postponed until Thursday, April 27. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 206, an act to incorporate the Village of Flat Rock, subject to a 
referendum. (Ch. 48) 



April 24, 1995 



372 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 24 (Committee Substitute), a bill to require recipients of food stamps to 
participate in workfare. 
Referred to Children and Human Resources Committee. 

H.B. 357, a bill to repeal provisions of the General Statutes authorizing the 
Department of Correction to inspect mines in which convicts are employed and 
requiring the Department to establish a revolving fund for loans to prisoners. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 609, a bill to allow an exemption of Tyrrell County from the minimum 
number of hours its board of elections office must be open. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 611, a bill to exempt the Town of Southern Shores from certain statutory 
requirements in the building of a training center facility. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 627, a bill relating to the employment preference given by Catawba County 
to veterans who apply for county employment. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 648, a bill to give Mooresville the power to repair, alter, improve, close, 
remove, or demolish abandoned commercial and industrial buildings that are 
eyesores. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 582 (Committee Substitute), a bill to permit the Cities of Winston-Salem 
and Wilmington and New Hanover County to regulate by ordinance the possession 
of malt beverages and unfortified wine. 

Senator Ballantine offers Amendment No. 1 which is adopted (45-1). 

The Committee Substitute bill, as amended, passes its second reading (47-1). 

Senator Odom objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Tuesday, 
April 25, for further consideration upon third reading. 

S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, as 
amended, upon third reading. 

Senator McDaniel offers Amendment No. 4. 

Following debate, Senator Jordan calls the previous question, seconded by 
Senator Conder. 

Subsequently, Senator Conder withdraws the second to the motion and Senator 
Jordan withdraws his motion to call the previous question. Senator Jordan, offers 



April 24, 1995 



1995] SENATE JOURNAL 373 

a motion the Committee Substitute bill with Amendment No. 4 pending be 
temporarily displaced, which motion prevails. 

The Chair orders, without objection, the Committee Substitute bill, temporarily 
displaced, with Amendment No. 4 pending. 

S.B. 332, a bill to raise the maximum late payment charge for revolving credit 
loans. 

With unanimous consent, on motion of Senator Ballance, consideration of the 
bill is postponed until Wednesday, April 26. 

S.B. 408, a bill to allow equity line of credit agreements to have terms greater 
than fifteen years and to establish a procedure for extending equity line of credit 
loan agreements. 

The bill passes its second (46-1) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 82 (Committee Substitute), a bill to increase the amount of property collect- 
ible by small estate affidavit where the sole heir and/or devisee is the surviving 
spouse, to increase the minimum amount of intestate personal property passing to 
the surviving spouse, and to increase the amount of the year's allowance for a 
surviving spouse and children, as recommended by the General Statutes Commis- 
sion, and to increase the limitation for funeral expenses, as amended, upon third 
reading. 

Senator Hartsell offers Amendment No. 2 which is adopted (48-0). 

The Committee Substitute bill, as amended, passes its third reading (45-0) and 
is ordered engrossed and sent to the House of Representatives. 

S.B. 405, a bill to amend the State Personnel Act relating to the definition of 
career State employee, the grounds for State employee appeals, the investigatory 
duties of the Office of State Personnel, and the priority consideration of State 
employees in filling vacancies; to provide for the adoption of an alternative dispute 
resolution procedure by the State Personnel Commission; and to allow alternative 
observance of the New Year's Holiday, as amended, upon third reading. 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 478, a bill to coordinate enforcement of federal nursing home requirements 
with State requirements, upon third reading. 

The bill passes its third reading (46-0) and is ordered sent to the House of 
Representatives. 

S.B. 65 (Committee Substitute), a bill to regulate check-cashing businesses, as 
amended, upon third reading, with Amendment No. 4 pending, temporarily 
displaced earlier. 

With unanimous consent, Senator McDaniel withdraws Amendment No. 4. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 41, noes 7, as follows: 



April 24, 1995 



374 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Jordan, Kerr, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McKoy, Odom, Parnell, 
Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Soles, Speed, Warren, and 
Winner — 41. 

Voting in the negative: Senators Clark, Hoyle, Kincaid, McDaniel, Page, Sawyer, 
and Webster— 7. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting a bill 
which is read the first time and disposed of, as follows: 

H.B. 736 (Committee Substitute), a bill to conform the North Carolina Financial 
Privacy Act to the federal Right to Financial Privacy Act. 
Referred to Commerce Committee. 

PAGES 

The President recognizes the following pages serving in the Senate this week: 

Lori Suzanne Barbour, Sanford; Stephen P. Brown, Leicester; Sue Linda 
Carpenter, Hendersonville; Amanda Denise Cox, Grifton; Emily Edwards, Rocky 
Mount; Diana Rene' Ellis, Raleigh; George Walker Franklin, Raleigh; Shelley 
Garriss, Elizabeth City; Alexis Brooke Hall, Manteo; Madeleine Clare Harbin, 
Waynesville; Timothy C. Henley, Cherryville; Lauren Elizabeth Hill, Elizabeth City; 
Mili G. Lai, Rocky Mount; Kent C. Leonard, Boone; Scott Adam McGee, Hickory; 
Katy Marie Moore, Manteo; Bharvi Patel, Battleboro; Amanda Tula Robbins, 
Raleigh; Sasha Sadler, Manteo; and Jennetta Shena Twitty, Manteo. 

On motion of Senator Basnight, seconded by Senator Rand, the Senate adjourns 
at 8:16 P.M. in memory of Mrs. C. R. Edwards, to meet tomorrow, Tuesday, 
April 25, at 11:30 A.M. 



FIFTY-SECOND DAY 

Senate Chamber, 
Tuesday, April 25, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Marc Basnight, President Pro Tempore, who presides in the absence of 
the Lieutenant Governor, who is meeting with the State Board of Education of 
which he is Chairman. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 
April 25, 1995 



1995] SENATE JOURNAL 375 

"Eternal God, in all that we do today, let us put right before interest, others 
before self, things of the spirit before temporal pleasures, principle above reputa- 
tion, and let us put You before all else. To God be the glory. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, Monday, April 24, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
today to Senator Smith due to hospitalization and to Senator Edwards due to the 
death of his wife. 

The President Pro Tempore of the Senate extends courtesies of the floor to Vernon 
James, former Representative from Pasquotank County. 

The President Pro Tempore of the Senate extends courtesies of the floor to Dr. 
Clyde L. Brooks of Washington, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is 
duly ratified and sent to the Office of the Secretary of State: 

HJ.R. 226 (Committee Substitute), a joint resolution honoring the 1993-94 
Women's Basketball Team at the University of North Carolina at Chapel Hill for 
winning a national championship and honoring the memory of June Galloway and 
Mike Matheson. (Res. 6) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 295, a bill to enact a recommendation of the Child Fatality Task Force to 
clarify the authority of the Building Code Council to adopt provisions requiring the 
installation of smoke detectors in all residential rental property and to provide for 
mutual obligations between landlords and tenants regarding the installation and 
upkeep of smoke detectors, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 8614 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Wednesday, April 26, for further consideration. 

Senator Rand offers a motion to suspend Rule 7 to the end the introduction of 
bills, petitions, and resolutions is placed as the last order of business today, which 
motion prevails. 



April 25, 1995 



376 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 146 House of Representatives 

April 25, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Amendment # 1 to HB 146, A BILL 
TO BE ENTITLED AN ACT TO ALLOW THE CITY OF LUMBERTON TO 
ENACT ORDINANCES REGULATING THE TOWING OF MOTOR 
VEHICLES THAT HAVE BEEN ABANDONED AND ARE NOT COVERED 
BY FINANCIAL RESPONSIBILITY, the Speaker has appointed as conferees on 
the part of the House, 

Representative Cummings, 
Representative Sutton, and 
Representative Yongue 

to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Parnell offers a motion the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senator Parnell, Chairman, and Senators 
Jordan and Ballance as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 330 House of Representatives 

(Senate Committee Substitute) April 24, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute to HB 330, A 
BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
WINSTON-SALEM, THE CITY OF GASTONIA, AND THE CITY OF 
FAYETTEVILLE TO REQUIRE OWNERS OF RENTAL PROPERTY IN 
THOSE CITIES TO AUTHORIZE AN AGENT TO ACCEPT SERVICE OF 
PROCESS, AND TO CLARIFY THE AUTHORITY OF THE CITIES OF 



April 25, 1995 



1995] SENATE JOURNAL 377 

DURHAM AND ASHEVILLE TO DO THE SAME, which proposes to change 
the title, upon concurrence, to read HB 330, A BILL TO BE ENTITLED AN 
ACT TO AUTHORIZE THE CITY OF WINSTON-SALEM AND THE CITY 
OF GASTONIA TO REQUIRE OWNERS OF RENTAL PROPERTY IN 
THOSE CITIES TO AUTHORIZE AN AGENT TO ACCEPT SERVICE OF 
PROCESS, AND TO CLARIFY THE AUTHORITY OF THE CITIES OF 
DURHAM AND ASHEVILLE TO DO THE SAME, the Speaker has appointed 
as conferees on the part of the House, 

Representative Decker, Chair; 
Representative Hurley, and 
Representative Dickson 

to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Horton offers a motion the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senator Horton, Chairman, and Senators 
Hoyle and Dannelly, as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action. 

COMMITTEE REFERRAL RECALL 

H.B. 357, a bill to repeal provisions of the General Statutes authorizing the 
Department of Correction to inspect mines in which convicts are employed and 
requiring the Department to establish a revolving fund for loans to prisoners, 
referred to the Local Government and Regional Affairs Committee on April 24. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the bill be taken from 
the Local Government and Regional Affairs Committee and re-referred to the 
Judiciary II/Election Laws Committee, which motions prevail with unanimous con- 
sent. 

The Chair orders the bill recalled from the Local Government and Regional 
Affairs Committee and refers the measure to the Judiciary II/Election Laws 
Committee. 

S.B. 318, a bill to change the time requirement for the updating of the plan for 
serving older adults, referred to the Appropriations Committee on March 15. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be taken from 
the Appropriations Committee and placed on the Calendar for Wednesday, 
April 26, upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on the Calendar for Wednesday, April 26, for consideration upon its 
passage. 



April 25, 1995 



378 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 582 (Committee Substitute), a bill to permit the Cities of Winston-Salem 
and Wilmington and New Hanover County to regulate by ordinance the possession 
of malt beverages and unfortified wine, as amended, upon third reading. 

Senator Hobbs offers Amendment No. 2 which is adopted (43-1). 

Senator Ballance offers Amendment No. 3 which is adopted (44-2). 

The Committee Substitute bill, as amended, passes its third reading (45-2) and 
is ordered engrossed and sent to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station, referred to the Appropriations Committee 
on April 19. 

Pursuant to Rule 47(b), Senator Perdue offers a motion the bill be taken from 
the Appropriations Committee and placed at the end of today's Calendar for 
consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it at the end of today's Calendar for consideration upon its passage. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Parnell for the Commerce Committee: 

S.B. 686, a bill to clarify the voting authority of members of the State Banking 
Commission, with a favorable report. 

CALENDAR (Continued) 

S.B. 577, a bill to amend the educational requirements for certified public 
accountants. 

With unanimous consent, on motion of Senator Hoyle, the bill is taken up out 
of its regular order of business, and on his further motion, consideration of the bill 
is postponed until Tuesday, May 2. 

S.B. 245 (Committee Substitute), a bill to authorize the opening of empty lock 
boxes of decedents outside the presence of the Clerk of Superior Court, as recom- 
mended by the General Statutes Commission. 

The Committee Substitute bill passes its second (43-0) and third (45-0) readings 
and is ordered sent to the House of Representatives. 

S.B. 303, a bill to provide for removal of members of State Board of Community 
Colleges after unexcused absences from three consecutive scheduled Board meet- 
ings. 



April 25, 1995 



1995] SENATE JOURNAL 379 

The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 307, a bill to authorize sanitary districts to have the right to immediate 
possession of certain property acquired by eminent domain. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (38-8) and third (38-8) readings and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 470, a bill to create the Good Funds Settlement Act. 

Following debate, the bill passes its second reading (34-11). 

Senator Cooper objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Wednesday, April 26, for further consideration upon third reading. 

S.B. 521 (Committee Substitute), a bill to provide for the filing of notices of lis 
pendens in the enforcement of housing and building standards by cities and coun- 
ties. 

The Committee Substitute bill passes its second reading (45-0). 

Senator Gulley objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Wednesday, April 26, for further consideration upon third reading. 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station, withdrawn from the Appropriations Com- 
mittee earlier today and placed at the end of the Calendar for consideration upon 
its passage. 

The bill passes its second reading (43-2). 

Senator Odom objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Wednesday, 
April 26, for further consideration upon third reading. 

INTRODUCTION OF BILLS 

Pursuant to the motion of Senator Rand prevailing earlier today, bills filed for 
introduction are presented to the Senate, read the first time, and disposed of, as 
follows: 

By Senator Edwards: 

S.B. 811, a bill to appropriate funds to the North Carolina Institute of Minority 
Economic Development for capital and marketing expenses of the Fayetteville 
Minority Business Development Center. 

Referred to Appropriations Committee. 

By Senators Ballantine, Carrington, McDaniel, Blackmon, Foxx, Kincaid, Shaw, 
Horton, Ledbetter, Clark, Edwards, Page, Ballance, Lucas, Simpson, Hartsell, 
Allran, Carpenter, Davis, East, Little, Forrester, Cochrane, Kerr, and Rand: 

S.B. 812, a bill to raise the amount that may be in controversy in small claims 
court. 

Referred to Judiciary I/Constitution Committee. 



April 25, 1995 



380 SENATE JOURNAL [Session 

By Senator Hartsell: 

S.B. 813, a bill to change the name of the chief of the county election staff from 
"supervisor of elections" to "director of elections." 
Referred to Judiciary II/Election Laws Committee. 

By Senators Winner, Rand, Cooper, and Gulley: 

S,B. 814, a bill to require certain dispositive motions to be accompanied by a 
memorandum. 
Referred to Judiciary I/Constitution Committee. 

By Senators Rand, Ballance, Cochrane, Conder, and Gulley: 
S.B. 815, a bill to amend the law relating to voting precincts. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Shaw and Plyler: 

S.B. 816, a bill to appropriate funds to fund an additional position within the 
Controlled Substance Tax Division of the Department of Revenue. 
Referred to Appropriations Committee. 

By Senators Rand, Ballantine, Hobbs, Plexico, and Little: 
S.B. 817, a bill to appropriate funds for fifteen dispute settlement centers across 
the State. 
Referred to Appropriations Committee. 

By Senators Speed, Forrester, Martin of Guilford, Carpenter, Allran, Dannelly, 
Soles, and Lucas: 

S.B. 818, a bill to establish a Birth Defects Monitoring Program in the Depart- 
ment of Environment, Health, and Natural Resources. 

Referred to Children and Human Resources Committee. 

By Senators Webster, East, Kerr, Hoyle, Kincaid, Carrington, Page, Foxx, Perdue, 
McKoy, Shaw, and Warren: 

S.B. 819, a bill to provide that all general elections shall be held on the day 
after individual income tax returns are due. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Perdue, Davis, Little, East, Cochrane, Forrester, Hartsell, Allran, 
Simpson, Carpenter, Webster, Hoyle, Martin of Pitt, Albertson, Dannelly, Winner, 
Gulley Lucas, Martin of Guilford, Rand, Ballance, Page, Ledbetter, Clark, Shaw, 
Edwards, Horton, McKoy, and Foxx: 

S.B. 820, a bill to allow local school administrative units to obtain refunds of 
sales and use taxes. 

Referred to Finance Committee. 

By Senator Ballance: 

S.B. 821, a bill to amend the definition of preneed funeral funds. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Ballance: 

S.B. 822, a bill to mandate that neither the State Board of Education nor the 
local boards of education interfere with freedom of religion in the public schools. 
Referred to Education/Higher Education Committee. 



April 25, 1995 



1995] SENATE JOURNAL 381 

By Senators Lucas and Forrester: 

S.B. 823, a bill to appropriate funds to the Department of Human Resources to 
increase the rate of Medicaid reimbursement for dental procedures. 
Referred to Appropriations Committee. 

By Senators Hoyle, East, Davis, Ballantine, Ledbetter, Clark, McDaniel, Hartsell, 
Speed, Allran, Carpenter, Blackmon, Cochrane, McKoy, Sherron, Forrester, Kerr, 
Albertson. Martin of Pitt, Warren, Perdue, Sawyer, Conder, Plyler, Jordan, Little, 
Carrington, Page, and Foxx: 

S.B. 824, a bill to direct the appropriate State departments how to exercise the 
State's authority under the Clean Water Act. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Ballance and Hartsell: 

S.B. 825, a bill to amend the North Carolina Constitution to allow the defendant 
in noncapital criminal cases to waive a jury trial. 
Referred to Judiciary I/Constitution Committee. 

By Senators Carrington, McDaniel, East, Davis, Hoyle, Webster, Ballantine, 
Forrester, Foxx, Carpenter, Warren, Martin of Pitt, Shaw, Perdue, Sherron, Clark, 
Blackmon, McKoy, and Page: 

S.B. 826, a bill to phase down the corporate income tax. 

Referred to Finance Committee. 

By Senators Rand, Horton, and Carrington: 

S.B. 827, a bill to eliminate jury trials for infractions. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Rand: 

S.B. 828, a bill to make appointments to various commissions upon the recom- 
mendation of the President of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Hobbs: 

S.B. 829, a bill to change the salaries of the members of the North Carolina 
Utilities Commission and the North Carolina Industrial Commission. 
Referred to Appropriations Committee. 

By Senators Rand, Hoyle, Martin of Pitt, and Perdue: 

S.B. 830, a bill to allow the assignment of claims against the State in favor of 
insurance companies for property and casualty insurance. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Rand, Carrington, Soles, Parnell, Hoyle, Hobbs, Perdue, Conder, 
and Plyler: 

S.B. 831, a bill to provide enhanced punishment for a felon who uses, displays, 
or threatens to use or display a firearm during the commission of a felonious drug 
offense. 

Referred to Judiciary II/Election Laws Committee. 



April 25, 1995 



382 SENATE JOURNAL [Session 

By Senators Rand, Hartsell, Simpson, Hoyle, Hobbs, Parnell, Carrington, 
Ballantine, Conder, Plyler, and Horton: 

S.B. 832, a bill to provide for the Court of Appeals to hear appeals in criminal 
cases in which life sentences are imposed. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Plyler, Hobbs, Odom, Perdue, Carpenter, Rand, Foxx, Hoyle, Soles, 
Carrington, Warren, Plexico, Ledbetter, Albertson, Gulley, Kerr, Conder, Sherron, 
Ballance, Lucas, Jordan, Parnell, Speed, and Blackmon: 

S.B. 833, a bill to require that vehicles making frequent stops on highways be 
equipped with flashing amber lights. 

Referred to Transportation Committee. 

By Senators Plyler, Albertson, Conder, and Kerr: 

S.B. 834, a bill to appropriate funds to the Department of Environment, Health, 
and Natural Resources, Environmental Health Division, for the Milk Sanitation 
Program. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 835, a bill to appropriate funds to the State Property Office for an optical 
storage library system. 
Referred to Appropriations Committee. 

By Senators Hartsell and Martin of Guilford: 

S.B. 836, a bill to enhance parental support of children by amending the law 
pertaining to civil actions to establish paternity. 
Referred to Judiciary II/EIection Laws Committee. 

By Senators Speed, Albertson, Cooper, Carpenter, Hartsell, Rand, Blackmon, 
Plexico, Martin of Pitt, and Hobbs: 

S.B. 837, a bill to provide for the licensing of soil scientists. 

Pursuant to G.S. 120-149, the measure requires an assessment report. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom, Blackmon, Winner, Gulley, Dannelly, Perdue, Warren, 
Conder, Plyler, Hobbs, Horton, Ledbetter, Clark, Ballantine, Sawyer, McDaniel, 
McKoy, Carrington, Foxx, Forrester, Hartsell, Allran, Speed, Rand, Kerr, Lucas, 
and Davis: 

S.B. 838, a bill to exempt the Young Men's Christian Association and the Young 
Women's Christian Association from the licensure requirements of the North 
Carolina Charitable Solicitations Act.l 

Referred to Finance Committee. 

On motion of Senator Soles, seconded by Senator McDaniel, the Senate 
adjourns at 12:41 P.M. in memory of victims of the terrorist bombing of the 
Oklahoma City Federal Building and with heartfelt thoughts to their families, to 
meet tomorrow, Wednesday, April 26, at 3:00 P.M. 



April 25, 1995 



1995] SENATE JOURNAL 383 

FIFTY-THIRD DAY 






Senate Chamber, 
Wednesday, April 26, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, move among us today with clarity of will and singleness of 
purpose. Help us to live and work with that kind of certainty in an uncertain 
world. 

"Teach us this day not only Your Will for what goes on here in the Senate, but 
also how best to accomplish it. Always teach us the best way of doing the best 
thing, otherwise we may spoil the end by ineffective means. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization and to Senator Edwards due to the death of 
his wife. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
TUesday, April 25, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Stuart DuPuy 
of Charlotte, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 71, an act to provide that fire fighters, emergency service personnel and 
North Carolina forest service personnel may possess or carry weapons on school 
grounds when discharging their official duties. (Ch. 49) 

H.B. 122 (Committee Substitute), an act to expand the allowable uses of trans- 
porter plates, to allow owners of salvage vehicles to retain title to the vehicles, and 
to exempt out-of-State utility vehicles that are used in certain emergency opera- 
tions from the vehicle registration and road tax requirements. (Ch. 50) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 128 (Committee Substitute), a bill to permit the City of Henderson and the 
City of Asheville to use wheel locks on certain illegally parked vehicles, with a 
favorable report, as amended. 



April 26, 1995 



384 SENATE JOURNAL [Session 

H.B. 519, a bill to allow the trapping and killing of red wolves by owners of 
private land in Beaufort County, with a favorable report, as amended. 

S.B. 529, a bill to remove the sunset on the authorization for Alamance County 
to enter into a contract to repair the Alamance County Courthouse, with a favor- 
able report, as amended. 

S.B. 704, a bill to redefine the boundaries of the West End Fire Protection 
District in Moore County, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

Pursuant to Rule 43, the Chair orders the bill, as amended, engrossed and 
re-referred to the Finance Committee. 

S.B. 714, a bill amending the Charter of the City of Durham relating to notifica- 
tion requirements for rezoning annexed property, with a favorable report, as 
amended. 

S.B. 592, a bill to modify the provisions of the Charter of the City of Fayetteville 
concerning fair housing, with a favorable report. 

With unanimous consent, on motion of Senator Jordan, the bill is placed on the 
Calendar for Tuesday, May 2, for consideration upon its passage. 

S.B. 640, a bill changing the election of members of the McDowell County 
Board of Education from May to November, with a favorable report. 

S.B. 664, a bill to revise and consolidate the Charter of the Town of Plymouth, 
with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 684, a bill amending the Charter of Durham to authorize the making of 
emergency repairs to nonresidential buildings, with a favorable report. 

S.B. 685, a bill to allow the City of Durham to require certain actions of its 
transportation authority to be by supermajority, with a favorable report. 

S.B. 699, a bill to allow the Town of Red Springs to sell at private sale a parcel 
of property donated to the Town, with a favorable report. 

S.B. 708, a bill regarding the procedure for letting public contracts by the City 
of Charlotte, with a favorable report. 

H.B. 137, a bill to modify the membership of the Rockingham Tourism Develop- 
ment Authority, with a favorable report. 

H.B. 212, a bill to authorize the City of Greensboro to use the single-prime 
contract system for the expansion of sewage treatment facilities, with a favorable 
report. 

H.B. 248 (Committee Substitute), a bill to clarify that Union County and 
Columbus County may assess a fire protection fee on certain mobile homes, with 
a favorable report. 



April 26, 1995 



1995] SENATE JOURNAL 385 

H.B. 343, a bill to clarify the law on hunting with dogs in Anson County, with 
a favorable report. 

H.B. 464, a bill to remove from the corporate limits of the Town of Hope Mills 
a described territory, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 517, a bill to amend the law prohibiting the discharge of firearms on 
registered land in Vance County by providing for registration at any time and by 
eliminating the requirement that registration be renewed annually, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 520 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Waynesville, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

H.B. 529 (Committee Substitute), a bill to authorize the Recreation Commission 
of the Town of Lincolnton to convey by private sale certain property to the City of 
Lincolnton, with a favorable report. 

H.B. 553, a bill to repeal a local act requiring Harnett County's animal control 
officers to perform their duties under the supervision and control of the Harnett 
County Health Director, with a favorable report. 

H.B. 592, a bill to amend the law prohibiting the discharge of firearms on 
registered land in Granville County by providing for registration at any time, by 
eliminating the requirement that registration be renewed annually, and by provid- 
ing that a registrant must furnish the posted notices required to comply with the 
law, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 593, a bill to incorporate the Town of Bogue, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 604, a bill to authorize the Town of Sunset Beach to regulate and control 
debris and other materials resulting from boating accidents, with a favorable re- 
port. 

H.B. 493, a bill to repeal a local act modifying the vote required for private sale 
of property by the City of Greensboro for public purposes, with a favorable report. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 751, a bill to provide that treatment or services rendered by certified fee- 
based practicing pastoral counselors shall be reimbursable under the State Health 
Plan and other health insurance policies under certain circumstances, with a favor- 
able report. 



April 26, 1995 



386 SENATE JOURNAL [Session 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 477, a bill to enact the North Carolina Foreign-Money Claims Act, which 
Act establishes a standard for converting currency for monetary damages resulting 
from a foreign judicial proceeding or arbitration, with a favorable report, as 
amended. 

S.B. 166, a bill to amend certain provisions of law that regulate attorneys-at-law, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the proposed Committee Substitute bill 2613 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Lucas for the Children and Human Resources Committee: 

S.B. 561, a bill to appropriate funds to meet the mandate for a "single portal of 
entry and exit" for area mental health authorities, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 560, a bill to authorize a county director of social services to delegate the 
function of issuing youth employment certificates, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lucas, the rules are suspended, and the proposed Com- 
mittee Substitute bill 1668 is placed before the Senate for immediate consideration, 
and on her further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 27, for further consideration. 

By Senator Parnell for the Commerce Committee: 

S.B. 300, a bill to authorize the Department of Commerce to pledge block grant 
funds as loan guarantees pursuant to the Housing and Community Development 
Act, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Com- 
mittee Substitute bill 9588 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is placed on the 
Calendar for Monday, May 1, for further consideration. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 116, a bill to amend the laws providing for the defense of State employees 
from tort claims arising in the scope or course of their employment, with a favor- 
able report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



April 26, 1995 



1995] SENATE JOURNAL 387 

CONFERENCE REPORT 
H.B. 146 

Senator Parnell, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 146, a bill to 
allow the City of Lumberton to enact ordinances regulating the towing of motor 
vehicles that have been abandoned and are not covered by financial responsibility, 
submits for adoption the following report: 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on House Bill 146, A BILL TO BE ENTITLED AN 
ACT TO ALLOW THE CITY OF LUMBERTON TO ENACT ORDINANCES 
REGULATING THE TOWING OF MOTOR VEHICLES THAT HAVE BEEN 
ABANDONED AND ARE NOT COVERED BY FINANCIAL RESPONSI- 
BILITY, Second Edition Engrossed 3/2/95, submit the following report: 

The House concurs in Senate Amendment #1 with the following amendment: On 
page 1, line 4 of the amendment, add a double quotation mark at the beginning of 
the line, and on page 1, line 6 of the amendment, add a single quotation mark and 
a double quotation mark at the end of the line. 

The conferees further recommend that the bill be amended on page 2, line 2, by 
striking through the period at the end of the line and inserting : " . or ". 

The Senate and House of Representatives agree to the same. 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: April 25, 1995. 

S/David R. Parnell S/F. M. Cummings 

S/Frank W. Ballance, Jr. S/Ronnie Sutton 

S/Luther Jordan, Jr. S/Douglas Y. Yongue 

Conferees for the Conferees for the 

Senate House of Representatives 

On motion of Senator Parnell, the Conference Report is adopted (47-0) and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 



April 26, 1995 



388 SENATE JOURNAL [Session 

By Senators Allran and Cooper: 

S.B. 839, a bill to provide for graduated motor vehicles drivers licenses as rec- 
ommended by the North Carolina Child Fatality Task Force. 
Referred to Transportation Committee. 

By Senators Plexico and Carpenter: 

S.B. 840, a bill to require blood tests for controlled substances in certain circum- 
stances. 
Referred to Judiciary I/Constitution Committee. 

By Senators Forrester, Kerr, and Carpenter: 

S.B. 841, a bill to establish the Study Commission on Grandparent Rights. 

Referred to Appropriations Committee. 

By Senators Forrester, Kerr, and Carpenter: 

S.B. 842, a bill pertaining to visitation rights of grandparents. 

Referred to Judiciary XI/Election Laws Committee. 

By Senator Rand: 

S.B. 843, a bill to revise the statutes regarding antitrust law to ensure that these 
provisions are internally consistent and consistent with federal antitrust laws. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Ballance: 

S.B. 844, a bill to allow optional calendaring of arraignment in superior court. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Lucas, Rand, Sherron, Hobbs, and Dannelly: 
S.B. 845, a bill to appropriate funds for continuation of the University of North 
Carolina educational consortia. 
Referred to Appropriations Committee. 

By Senators Lucas, Hobbs, Parnell, Dannelly, and Ballance: 

S.B. 846, a bill to establish an advance instruction for mental health treatment. 

Referred to Children and Human Resources Committee. 

By Senators Hoyle, Simpson, and Carpenter: 

S.B. 847, a bill to abolish the Central North Carolina School for the Deaf and 
to make a technical correction. 
Referred to Education/Higher Education Committee. 

By Senators Martin of Guilford, Shaw, and Sawyer: 

S.B. 848, a bill to appropriate funds for construction of a new Guilford County 
juvenile detention facility. 

Referred to Appropriations Committee. 

By Senators Gulley, Martin of Guilford, and Winner: 

S.B. 849, a bill to require certain employers to provide meal and rest periods 
during working hours under certain circumstances. 
Referred to Commerce Committee. 



April 26, 1995 



1995] SENATE JOURNAL 389 

By Senators Gulley, Sherron, Lucas, Carrington, and McKoy: 

S.B. 850, a bill to provide that the value of certain inventories is deductible in 

calculating a corporation's investment in tangible property in North Carolina for 

franchise tax purposes. 
Referred to Finance Committee. 

By Senators Gulley, Rand, Plexico, and Winner: 

S.B. 851, a bill to remove the sunset on designation of unemployment offices as 
voter registration agencies to comply with the National Voter Registration Act. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Odom, Plyler, Blackmon, Dannelly, and Winner: 
S.B. 852, a bill to appropriate funds to the Metrolina Food Bank, Inc., for 
capital and operating expenses. 
Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 853, a bill to appropriate funds to provide transition and support for deaf 
and hard-of-hearing students using cued speech in mainstream education 
programs. 

Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 854, a bill to provide that an owner of an erosion or storm-damaged struc- 
ture is liable for certain damages resulting from the hazards posed by those struc- 
tures. 

Referred to Judiciary I/Constitution Committee. 

By Senator Cooper: 

S.B. 855, a bill to authorize public hospitals to develop preferred provider orga- 
nizations, health maintenance organizations, and managed care products with 
providers and insurers. 

Referred to Judiciary I/Constitution Committee. 

By Senators Albertson, Warren, Hoyle, Martin of Pitt, Dannelly, Perdue, Davis, 
East, and Webster: 

S.B. 856, a bill to increase the penalties for voluntary manslaughter, possession 
of a controlled substance in a confinement facility and possession with intent to 
sell and deliver marijuana. 

Referred to Judiciary I/Constitution Committee. 

By Senator Albertson: 

S.B. 857, a bill to increase nonresident hunting license fees and to provide for 
the hunting of wild boar by nonresidents possessing nonresident bear hunting 
licenses. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Martin of Guilford, Conder, Warren, and Hartsell: 

S.B. 858, a bill to clarify the law regarding contracts for school administrators. 

Referred to Education/Higher Education Committee. 



April 26, 1995 



390 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Conder, and Warren: 

S.B. 859, a bill to amend the mental health commitment law. 

Referred to Children and Human Resources Committee. 

By Senator Blackmon: 

S.B. 860, a bill to expedite the environmental permitting process by allowing the 
option of submitting permit applications certified by a professional engineer and 
allowing these applications to be immediately sent to public notice and hearing and 
subjected to simultaneous technical review. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Perdue: 

S.B. 861, a bill to authorize the Legislative Research Commission to study the 
rights of owners of rental property. 
Referred to Appropriations Committee. 

By Senator Hartsell: 

S.B. 862, a bill to provide an exception to the law voiding forum selection 
provisions in contracts by validating actions commenced pursuant to such provi- 
sions with the consent of all parties to the contract. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Cochrane, Davis, McDaniel, Carpenter, Forrester, Blackmon, 
Ledbetter, Carrington, Shaw, Clark, Hartsell, McKoy, Horton, Sawyer, and Allran: 
S.B. 863, a bill to provide an earlier date for the presidential primary. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Cochrane, Parnell, Speed, and Carpenter: 

S.B. 864, a bill to require adult care homes to submit annual audited reports of 
actual costs and to require the Department of Human Resources to adopt rules to 
ensure quality of care in adult care homes. 

Referred to Children and Human Resources Committee. 

By Senators Cochrane and Carpenter: 

S.B. 865, a bill to amend the State laws regarding the purchase of a handgun to 
conform to the requirements of the "Brady Handgun Violence Prevention Act". 
Referred to Judiciary I/Constitution Committee. 

By Senator Winner: 

S.B. 866, a bill to appropriate funds to the University of North Carolina for its 
school technology initiative. 
Referred to Appropriations Committee. 

By Senator Winner: 

S.B. 867, a bill to appropriate funds for the Scholarship Loan Fund for 
Prospective Teachers. 
Referred to Appropriations Committee. 

By Senators Winner, Odom, Gulley, and Martin of Guilford: 
S.B. 868, a bill to strengthen the domestic violence law by requiring domestic 
violence orders to be accessible by computer, to allow order to prohibit possession 



April 26, 1995 



1995] SENATE JOURNAL 391 

and allow seizure of firearms, and to establish the penalty for purchase or posses- 
sion of firearms by persons subject to domestic violence order. 
Referred to Judiciary I/Constitution Committee. 

By Senator Hobbs: 

S.B. 869, a bill to redefine "special ABC area". 

Referred to Judiciary I/Constitution Committee. 

By Senators Webster, Carrington, Foxx, Albertson, Kerr, Hoyle, Martin of Pitt, 
Davis, Cochrane, Allran, Hartsell, Ballantine, Ballance, Simpson, and Carpenter: 

S.B. 870, a bill to permit employers to conduct on-site drug testing under cer- 
tain circumstances. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Soles: 

S.B. 871, a bill to provide for the appointment and assignment of emergency 
recall judges of the Court of Appeals. 
Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 6 (Committee Substitute), a bill to grant additional management flexibility 
to local boards of education, to ensure that local boards of education are held 
accountable for the use of that flexibility, to assess the relationship between expen- 
ditures for public schools and student performance, and to make conforming statu- 
tory changes. 

Referred to Education/Higher Education Committee. 

H.B. 47 (Committee Substitute No. 2), a bill to make various amendments to the 
law regarding the licensing of electrical contractors. 
Referred to Commerce Committee. 

H.B. 223, a bill to phase out the excise tax on soft drinks over four years. 
Referred to Finance Committee. 

H.B. 381 (Committee Substitute No. 2), a bill to grant the Town of Apex and 
the Town of Mooresville a temporary exemption from the total amount of noncon- 
tiguous territory that may be annexed. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 386 (Committee Substitute), a bill to give priority to a local forensic ex- 
amination of a defendant whose capacity to proceed to trial is questioned before 
a State evaluation is ordered and to modify the authority of the Division of Mental 
Health, Developmental Disabilities, and Substance Abuse Services to restrict the 
rights of clients at the Pretrial Evaluation Center at Dorothea Dix. 

Referred to Children and Human Resources Committee. 



April 26, 1995 



392 SENATE JOURNAL [Session 

H.B. 448, a bill to provide that eligibility for coverage of certain employees 
under the North Carolina Teachers' and State Employees' Comprehensive Major 
Medical Plan is based upon retirement membership service, which may be earned 
after the disability began. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 628 (Committee Substitute), a bill to change the time of election of the 
Avery County Board of Education from November to May, and to provide that 
that Board shall take office in July of the year of their election. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 680 (Committee Substitute), a bill to incorporate the Town of Mulberry- 
Fairplains. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 692 (Committee Substitute), a bill allowing Wake County to use alternative 
methods of notification of property owners of proposed zoning notice changes. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 738 (Committee Substitute), a bill to authorize the issuance of twenty-three 
million nine hundred thousand dollars of Community College Bonds or notes and 
to appropriate the proceeds of these Bonds and notes for specific community 
college capital projects. 

Referred to Appropriations Committee. 

H.B. 739 (Committee Substitute), a bill to simplify the transfer of credit between 
North Carolina institutions of higher education. 
Referred to Education/Higher Education Committee. 

H.B. 749, a bill to amend the procedure for sending insurance agents and com- 
panies notices and requests for cancellation of insurance contracts by insurance 
premium finance companies. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 799, a bill to modify the definition of credit accident and health insurance. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 433, a bill to authorize the City of Charlotte to submit proposals and 
receive contracts for construction and repair work not to exceed two hundred 
thousand dollars. 

On motion of Senator Jordan, Committee Amendment No. 1 is read. 

With unanimous consent, on motion of Senator Winner, further consideration of 
the bill is postponed until Tuesday, May 2, with Amendment No. 1 pending. 

COMMITTEE REFERRAL RECALL 

H.B. 375, a bill to remove the limitation on funding for the per diem costs of 
inmates housed out-of-State, referred to the Appropriations Committee on 

March 27. 



April 26, 1995 



1995] SENATE JOURNAL 393 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be taken from 
the Appropriations Committee and placed before the Senate for immediate consid- 
eration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it before the Senate for immediate consideration upon its passage. 

Senator Parnell offers Amendment No. 1. 

Upon motion of Senator Plyler, the Chair orders, without objection, the bill 
temporarily displaced, with Amendment No. 1 pending. 

CALENDAR (Continued) 

S.B. 295 (Committee Substitute), a bill to enact a recommendation of the Child 
Fatality Task Force to clarify the authority of the Building Code Council to adopt 
provisions requiring the installation of smoke detectors in all residential rental 
property and to provide for mutual obligations between landlords and tenants 
regarding the installation and upkeep of smoke detectors. 

Senator Blackmon offers Amendment No. 1. 

Following lengthy debate, Senator Blackmon calls the previous question, 
seconded by Senator Ballance. Senator Winner rises to a point of order as to the 
eligibility of Senator Blackmon to call the previous question under Rule 23. The 
Chair rules the call for the previous question in order as Senator Blackmon is 
sponsor of Amendment No. 1, the matter under consideration. The call is 
sustained (45-2). Amendment No. 1 is adopted (25-21). 

The Committee Substitute bill, as amended, passes its second (42-6) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 318, a bill to change the time requirement for the updating of the plan for 
serving older adults. 

The bill passes its second (48-0) and third readings and is ordered sent to the 
House of Representatives. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Sherron. 

H.B. 375, a bill to remove the limitation on funding for the per diem costs of 
inmates housed out-of-State, temporarily displaced earlier, with Amendment No. 1 
pending. 

Amendment No. 1 offered by Senator Parnell is adopted (47-0). 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Amendment No. 1, with- 
out objection, by special messenger. 

S.B. 332, a bill to raise the maximum late payment charge for revolving credit 
loans. 

Senator Ballance offers Amendment No. 1 which is adopted (39-6). 

The bill, as amended, passes its second (42-3) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 686, a bill to clarity the voting authority of members of the State Banking 
Commission. 

The bill passes its second (46-0) and third readings and is ordered sent to the 
House of Representatives. 



April 26, 1995 



394 SENATE JOURNAL [Session 

S.B. 755, a bill to change the designated legislative membership of the 
Committee on Employee Hospital and Medical Benefits. 

The bill passes its second (47-0) and third readings and is ordered sent to the 
House of Representatives. 

H.B. 527, a bill to divide Superior Court District 11 into Districts 11A and 11B. 
The bill passes its second (46-1) and third readings and is ordered enrolled. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Kerr, Co-Chairman, for Senator Sherron, Co-Chairman for the 
Finance Committee: 

S.B. 602, a bill to incorporate the Town of Foscoe-Grandfather, with a favorable 
report. 

S.B. 483 (Committee Substitute), a bill to require the inspection of bison meat 
that is to be used as food, as written by the Agriculture/Environment/Natural 
Resources Committee, with a favorable report, as amended. 

S.B. 624, a bill to provide for a binding referendum on the establishment of a 
North Carolina State Lottery Commission, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed Com- 
mittee Substitute bill 9596 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

Senator Parnell offers a motion the Committee Substitute bill be placed on the 
Calendar for Tuesday, May 2, for further consideration, which motion prevails 
(25-22). 

CALENDAR (Continued) 

S.B. 470, a bill to create the Good Funds Settlement Act, upon third reading. 
The bill passes its third reading (38-9) and is ordered sent to the House of 
Representatives. 

S.B. 521 (Committee Substitute), a bill to provide for the filing of notices of lis 
pendens in the enforcement of housing and building standards by cities and coun- 
ties, upon third reading. 

Senator Odom offers a motion further consideration of the Committee 
Substitute bill be postponed until tomorrow, April 27. The motion fails to prevail 
(15-30) and the question reverts to the passage of the measure upon third reading. 

The Committee Substitute bill passes its third reading (42-4) and is ordered sent 
to the House of Representatives. 

S.B. 544, a bill to require that a public hearing be held prior to the approval of 
an application for a new permit, the renewal of a permit, or a substantial amend- 
ment to a permit for a transfer station, upon third reading. 

The bill passes its third reading (44-1) and is ordered sent to the House of 
Representatives. 



April 26, 1995 



1995] SENATE JOURNAL 395 

On motion of Senator Basnight, seconded by Senator Cooper, the Senate 
adjourns at 5:00 P.M. to meet tomorrow, Thursday, April 27, at 3:00 P.M. 



FIFTY-FOURTH DAY 

Senate Chamber, 
Thursday, April 27, 1995. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with an 
excerpt from Be Thou Present by Peggy Haymes, as follows: 

"We have taught ourselves well, O Lord, how to act like adults in life. But let 
us not forget that we are also Your Children. 

"And so, like children running to the safe arms of a loving parent, we come to 
You today. 

Bringing our skinned egos and bruised feelings, 
Bringing our fears into Your Light, 

Seeking Your Wisdom, Your encouraging, accepting Grace that 
gives us strength to face the world. 
"And like children, we bring our love to You, offering it unashamedly, unreserv- 
edly. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Smith due to hospitalization; to Senator Edwards due to the death of his 
wife; and to Senator Sawyer due to a doctor's appointment. 

Senator Rand, Chairman of the Rules and Operation of the Senate Committee, 

announces the Journal of yesterday, Wednesday, April 26, has been examined and 
is found to be correct. On his motion, the Senate dispenses with the reading of 
the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. T. Hayes 
Woollen of Charlotte, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 527, an act to divide Superior Court District 11 into Districts 11A and 11B. 
(Ch. 51) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



April 27, 1995 



396 SENATE JOURNAL [Session 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 721, a bill to increase the maximum amount that may be recovered in strict 
liability for damage to person or property by minors, with a favorable report, as 
amended. 

S.B. 679, a bill to validate certain actions of water and sewer districts, with a 
favorable report. 

S.B. 709, a bill to validate certain actions of Columbus County Water and Sewer 
District I, with a favorable report. 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 566, a bill to provide for direct access by women to obstetrician-gynecolo- 
gists, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the proposed Com- 
mittee Substitute bill 9598 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the 
Calendar for Monday, May 1, for further consideration. 

S.B. 652, a bill to make changes to the General Statutes pertaining to small 
employer health care coverage, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the proposed Commit- 
tee Substitute bill 1674 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the 
Calendar for Monday, May 1, for further consideration. 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 289, a bill relating to the terms of office of the County Commissioners of 
Ashe County, with a favorable report. 

S.B. 308, a bill to amend the law regarding Medicaid fraud, with a favorable 
report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

H.B. 331, a bill to allow disabled persons to apply to the Wildlife Resources 
Commission for hunting and fishing methods exemptions to provide reasonable 
accommodations for their disabilities, with a favorable report. 

H.B. 405 (Committee Substitute), a bill to authorize the Wildlife Resources 
Commission to regulate the manner of taking wildlife not classified as game 
animals, with a favorable report. 



April 27, 1995 



1995] SENATE JOURNAL 397 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 140, a bill to require the observance of a moment of silence in all school 
units and to ensure freedom of religion in the public schools, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plexico, the rules are suspended, and the proposed Com- 
mittee Substitute bill 3621, which changes the title to read S.B. 140 (Committee 
Substitute), a bill to clarify the purpose for a moment of silence in the public 
schools and to prohibit local boards of education from adopting policies that deny 
certain First Amendment rights, is placed before the Senate for immediate consid- 
eration. 

On motion of Senator Plexico, the Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, May 1, for further 
consideration. 

S.B. 659, a bill to ensure fairness to teacher assistants in kindergarten through 
third grade, with a favorable report. 

On motion of Senator Plexico, the bill is re-referred to the Appropriations 
Committee. 

S.B. 677, a bill permitting the Board of Trustees of Southeastern Community 
College to grant security interests to federal agencies, with a favorable report. 

S.B. 431, a bill to remove the sunset on the Charlotte-Mecklenburg school fund- 
ing pilot, with a favorable report. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 208 (Committee Substitute), a bill to allow Edgecombe, Greene, Jackson 
and Madison Counties to acquire property for use by their county boards of educa- 
tion, with an unfavorable report as to Committee Substitute bill, but favorable as 
to Senate Committee Substitute bill. 

On motion of Senator Jordan, the proposed Senate Committee Substitute bill 
3147, which changes the title, upon concurrence, by inserting a comma following 
the word Jackson, to read H.B. 208 (Senate Committee Substitute), a bill to allow 
Edgecombe, Greene, Jackson, and Madison Counties to acquire property for use 
by their county boards of education, is placed before the Senate for immediate 
consideration. 

On motion of Senator Jordan, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Finance Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Dannelly: 

S.B. 872, a bill to support the appointment of families and individuals as guard- 
ians, to support the expansion and development of private nonprofit corporations 



April 27, 1995 



398 SENATE JOURNAL [Session 

as guardians, to provide that local departments of social services be the only local 
human resources agency to serve as guardians, to appropriate funds for guardian- 
ship services, and to make other changes. 
Referred to Children and Human Resources Committee. 

By Senator Gulley: 

S.B. 873, a bill allowing the use of alternative methods of notification of proper- 
ty owners of proposed zoning notice changes. 
Referred to Judiciary II/EIection Laws Committee. 

By Senator Albertson: 

S.B. 874, a bill to make clarifying, conforming, and technical changes to various 
laws relating to environment, health, and natural resources and related laws. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Kerr: 

S.B. 875, a bill to strengthen animal welfare and control laws and protect human 
health and safety by regulating possession and sale of exotic and wild animals. 
Referred to Judiciary II/Election Laws Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 85 (Committee Substitute), a bill to provide that nonprofit barber schools 
have one instructor for every twenty students. 
Referred to Children and Human Resources Committee. 

H.B. 456 (Committee Substitute), a bill to create the North Carolina Progress 
Board. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 492 (Committee Substitute), a bill to allow the Town of Clayton to use the 
single-prime contractor or the negotiation method of constructing the Hocutt- 
Ellington Library addition. 

Referred to Commerce Committee. 

H.B. 640 (Committee Substitute), a bill to permit local purchase of supplies by 
the Guilford County schools. 
Referred to Commerce Committee. 

H.B. 708 (Committee Substitute), a bill to amend the General Statutes to autho- 
rize the Department of Environment, Health, and Natural Resources to electroni- 
cally monitor and record compliance data off-site from special purpose commercial 
hazardous waste facilities that use hazardous waste as a fuel. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 773 (Committee Substitute), a bill to provide for direct access by women to 
obstetrician-gynecologists. 
Referred to Pensions and Retirement/Insurancc/State Personnel Committee. 



April 27, 1995 



1995] SENATE JOURNAL 399 

H.B. 788 (Committee Substitute), a bill to include hospital and medical service 
corporation plans under the Life and Health Insurance Guaranty Association Act. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 146 House of Representatives 

April 27, 1995 

Mr. President- 
It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on HB 146, A BILL TO 
BE ENTITLED AN ACT TO ALLOW THE CITY OF LUMBERTON TO EN- 
ACT ORDINANCES REGULATING THE TOWING OF MOTOR VEHICLES 
THAT HAVE BEEN ABANDONED AND ARE NOT COVERED BY FINAN- 
CIAL RESPONSIBILITY. The Speaker has ordered the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 7 House of Representatives 

(Senate Committee Substitute) April 27, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute to HB 7, A BILL 
TO BE ENTITLED AN ACT TO RESTORE CONSTITUTIONAL POWERS 
TO THE STATE BOARD OF EDUCATION AND TO MAKE CONFORMING 
AND TECHNICAL CHANGES, which proposes to change the title, upon concur- 
rence, to read HB 7, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE 
STATUTES SO AS TO STREAMLINE THE OPERATIONS OF THE STATE 
EDUCATION AGENCY, the Speaker has appointed as conferees on the part of 
the House, 

Representative Russell, Chair; 

Representative Wood, 

Representative Barnes, and 

Representative Eddins 

to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



April 27, 1995 



400 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 373 House of Representatives 

April 27, 1995 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Amendment # 1 to HB 373, A BILL 
TO BE ENTITLED AN ACT TO PROHIBIT THE RUNNING OF DEER BY 
DOGS IN THE TOWN OF SOUTHERN SHORES, the Speaker has appointed as 
conferees on the part of the House, 

Representative Culpepper, 
Representative Lee, and 
Representative Nichols 

to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

CONFIRMATION OF APPOINTMENT 

House of Representatives 
April 27, 1995 



Mr. President: 

In compliance with the provisions of G.S. 126-2, the House has confirmed 
Governor Hunt's appointee to the State Personnel Commission, Ms. Judy M. 
Stephenson. Ms. Stephenson's term will begin on July 1, 1995 and expire June 30, 
2001. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The Senate having taken a like action on March 29, the appointment of Judy M. 
Stephenson is confirmed. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 7 (Committee Substitute), a bill to restore constitutional powers to the 
State Board of Education and to make conforming and technical changes, changing 
the title upon concurrence to read H.B. 7 (Senate Committee Substitute), a bill to 
clarify the Statutes so as to streamline the operations of the State education 



April 27, 1995 



1995] SENATE JOURNAL 401 

agency, with a message received earlier today the House fails to concur in the 
Senate Committee Substitute bill. 

Pursuant to the message from the House of Representatives received earlier 
today requesting conferees, Senator Winner offers a motion the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore takes the appointment of conferees under advise- 
ment. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 353 (Committee Substitute), a bill to make technical amendments and 
corrections in the insurance laws, with a favorable report. 

S.B. 726, a bill to allow Wake County to acquire property for use by the County 
Board of Education, with a favorable report. 

S.B. 838, a bill to exempt the Young Men's Christian Association and the Young 
Women's Christian Association from the licensure requirements of the North 
Carolina Charitable Solicitations Act, with a favorable report. 

S.B. 606, a bill to provide for the creation of facility authorities and to establish 
the Centennial Authority, with a favorable report, as amended. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 602, a bill to incorporate the Town of Foscoe-Grandfather, upon second 
reading. 

Senator East offers Amendment No. 1 which fails of adoption (7-38). 

Senator Foxx offers Amendment No. 2, changing the title to read S.B. 602, a bill 
to incorporate the Town of Foscoe, which is adopted (44-1). 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 
2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Parnell, Perdue, Plexico, Rand, Shaw, Sherron, Simpson, 
Soles, Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: Senators East and Page— 2. 

The bill, as amended, is ordered placed on the Calendar for Monday, May 1, for 
further consideration upon third reading. 



April 27, 1995 



402 SENATE JOURNAL [Session 

S.B. 684, a bill amending the Charter of Durham to authorize the making of 
emergency repairs to nonresidential buildings, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, May 1, for further 
consideration upon third reading. 

H.B. 128 (Committee Substitute), a bill to permit the City of Henderson and the 
City of Asheville to use wheel locks on certain illegally parked vehicles, upon 
second reading. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, Shaw, Sherron, Soles, Speed, 
Warren, and Webster — 43. 

Voting in the negative: Senator Winner — 1. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar 
for Monday, May 1, for further consideration upon third reading. 

H.B. 248 (Committee Substitute), a bill to clarify that Union County and Colum- 
bus County may assess a fire protection fee on certain mobile homes, upon second 
reading. 

With unanimous consent, the Chair orders the Committee Substitute bill 
temporarily displaced. 

S.B. 529, a bill to remove the sunset on the authorization for Alamance County 
to enter into a contract to repair the Alamance County Courthouse. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted, 
changing the title to read S.B. 529, a bill to extend the sunset on the authorization 
for Alamance County to enter into a contract to repair the Alamance County 
Courthouse and to remove the sunset provisions on the City of Greensboro's 
exception to the formal bidding requirements of G.S. 143-129. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 640, a bill changing the election of members of the McDowell County 
Board of Education from May to November. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 



April 27, 1995 



1995] SENATE JOURNAL 403 

S.B. 685, a bill to allow the City of Durham to require certain actions of its 
transportation authority to be by supermajority. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 699, a bill to allow the Town of Red Springs to sell at private sale a parcel 
of property donated to the Town. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 708, a bill regarding the procedure for letting public contracts by the City 
of Charlotte. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 714, a bill amending the Charter of the City of Durham relating to notifica- 
tion requirements for rezoning annexed property. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

H.B. 137, a bill to modify the membership of the Rockingham Tourism 
Development Authority. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 212, a bill to authorize the City of Greensboro to use the single-prime 
contract system for the expansion of sewage treatment facilities. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 343, a bill to clarify the law on hunting with dogs in Anson County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 493, a bill to repeal a local act modifying the vote required for private sale 
of property by the City of Greensboro for public purposes. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 519, a bill to allow the trapping and killing of red wolves by owners of 
private land in Beaufort County. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted, 
changing the title, upon concurrence, to read H.B. 519, a bill to allow the trapping 
and killing of red wolves by owners of private land in Beaufort and Craven 
Counties. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 529 (Committee Substitute), a bill to authorize the Recreation Commission 
of the Town of Lincolnton to convey by private sale certain property to the City of 
Lincolnton. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 



April 27, 1995 



404 SENATE JOURNAL [Session 

H.B. 553, a bill to repeal a local act requiring Harnett County's animal control 
officers to perform their duties under the supervision and control of the Harnett 
County Health Director. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 604, a bill to authorize the Town of Sunset Beach to regulate and control 
debris and other materials resulting from boating accidents. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 477, a bill to enact the North Carolina Foreign-Money Claims Act, which 
Act establishes a standard for converting currency for monetary damages resulting 
from a foreign judicial proceeding or arbitration. 

With unanimous consent, on motion of Senator Kerr, consideration of the bill is 
postponed until Tuesday, May 2. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's session to Senator Simpson. 

H.B. 304 (Committee Substitute), a bill to create a State Procurement Policy 
Council. 

With unanimous consent, on motion of Senator Kerr, the Committee Substitute 
bill is taken up out of its regular order of business and on his further motion is 
re-referred to the Appropriations Committee. 

S.B. 483 (Committee Substitute), a bill to require the inspection of bison meat 
that is to be used as food. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (45-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores, which Senate Amendment No. 1 proposes to change the title, upon concur- 
rence, to read H.B. 373, a bill to prohibit the running of deer by dogs in the Town 
of Southern Shores and to prohibit the taking of deer with dogs in a portion of 
Richmond County, with a message received earlier today the House fails to concur. 

Pursuant to the message from the House of Representatives received earlier 
today requesting conferees, Senator Conder offers a motion the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore takes the appointment of conferees under advise- 
ment. 

CALENDAR (Continued) 

S.B. 560 (Committee Substitute), a bill to authorize a county director of social 
services to delegate the function of issuing youth employment certificates. 

The Committee Substitute bill passes its second (45-0) and third readings and 
is ordered sent to the House of Representatives. 



April 27, 1995 



1995] SENATE JOURNAL 405 

S.B. 751, a bill to provide that treatment or services rendered by certified fee- 
based practicing pastoral counselors shall be reimbursable under the State Health 
Plan and other health insurance policies under certain circumstances. 

Following debate, the bill passes its second (43-2) and third readings and is 
ordered sent to the House of Representatives. 

PERSONAL PRIVILEGE 

Senator Winner rises to a point of personal privilege and offers remarks marking 
the Jewish Holiday of Yom Hashoah. With unanimous consent, the Chair orders 
the remarks of Senator Winner spread upon the Journal, as follows: 

By Senator Winner: 

"Ladies and gentlemen of the Senate, today is the Jewish Holiday of Yom 
Hashoah, probably a holiday that most of you have never heard of. Senator 
Marshall Rauch, when he was here started a tradition of taking a moment on this 
day to reflect upon it. It is a holiday that we remember the Nazi holocaust of the 
six million Jews and Catholics and Gypsies who were murdered during and around 
World War II. That tradition was then carried forward by Senator Winner of 
Buncombe and I think I have now inherited it. So, I would like to take just a 
minute to reflect on the meaning of this holiday and why it is important that here, 
fifty years after Auschwitz was liberated, that we in the North Carolina Senate still 
take a moment to remember those terrible events. 

"I went this last fall with my mother to the Holocaust Museum in Washington. 
I really went because she wanted to go and she didn't want to go alone. So being 
a somewhat dutiful daughter, I went with her. And I was incredibly moved by the 
experience. I expected to be taken aback by the horror of it all and I was. It is 
incredible to really face what horrible things human beings are capable of doing to 
each other. But what surprised me was how obsessed I became by the question of 
how the rest of the world could let it happen. And I found that for days after that 
whenever I talked to somebody in my mother's generation, I asked, I couldn't help 
but ask, 'But what were you thinking in the late 1930's? How did we let this 
happen? How did the world let this build up and happen without stopping it 
before it reached such horror?' And I think that that is what is important for us 
to remember, not only that it is possible for humans to do these horrible things to 
each other, but that we have a very grave responsibility to step forward and make 
sure that it doesn't happen. Thank you." 

CALENDAR (Continued) 

H.B. 248 (Committee Substitute), a bill to clarify that Union County and Colum- 
bus County may assess a fire protection fee on certain mobile homes, upon second 
reading, temporarily displaced earlier. 

The Committee Substitute bill passes its second reading by roll-call vote, 
ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 



April 27, 1995 



406 SENATE JOURNAL [Session 

Davis, East, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Page, Parnell, Perdue, Plexico, Rand, Shaw, Sherron, Soles, Speed, Warren, 
Webster, and Winner — 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
May 1, for further consideration upon third reading. 

APPOINTMENT OF CONFERENCE COMMITTEES 

H.B. 7 (Committee Substitute), a bill to restore constitutional powers to the 
State Board of Education and to make conforming and technical changes, changing 
the title upon concurrence to read H.B. 7 (Senate Committee Substitute), a bill to 
clarify the Statutes so as to streamline the operations of the State education 
agency, with the motion of Senator Winner to appoint conferees prevailing earlier 
today. 

The President Pro Tempore appoints Senators Perdue, Chairman, and Senators 
Plexico, Winner, and Little, as conferees on the part of the Senate to act with a 
like committee from the House of Representatives to resolve the differences 
arising between the two Bodies. A message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores, which Senate Amendment changes the title, upon concurrence, to read 
H.B. 373, a bill to prohibit the running of deer by dogs in the Town of Southern 
Shores and to prohibit the taking of deer with dogs in a portion of Richmond 
County, with the motion of Senator Conder to appoint conferees prevailing earlier 
today. 

The President Pro Tempore appoints Senators Jordan, Chairman, and Senators 
Conder, Plyler, and Carrington, as conferees on the part of the Senate to act with 
a like committee from the House of Representatives to resolve the differences 
arising between the two Bodies. A message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

On motion of Senator Basnight, seconded by Senator Winner, the Senate 
adjourns at 4:28 P.M. to meet Monday, May 1, at 7:00 P.M. 



FIFTY-FIFTH DAY 

Senate Chamber, 
Monday, May 1, 1995. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 



May 1, 1995 



1995] SENATE JOURNAL 407 

"Loving God, grant to each of us a sense of the Presence of